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The Lawyer's Lawyer

Lawyers Helping Lawyers Avoid the Perils of Professional Discipline

Profiled in Who's Who in America and in A.M. Best's Directory of Recommended Insurance Attorneys, this former law professor has devoted a significant portion of his practice to the defense of his fellow attorneys in professional malpractice and disciplinary matters. Combined with significant trial and appellate experience in state and federal courts, Mr. Kramer's law firm management experience gives him an appreciation for the pressures of law practice and the ethical issues confronting attorneys on a daily basis. Full Profile

Ethics on Vacation

Q. As we head to the beach for a two-week vacation, my wife and kids want me to leave my cell phone behind so I won't be distracted with client calls. Is this a good idea?

Affording Justice

Q. Every week, consumers and business owners call me with cases that aren't large enough to justify my fees. I hate turning them away. But what's the alternative?

A Chat with GPT

Q. Is it ethical for lawyers to use artificial intelligence to write briefs, draft legal instruments or provide other services?

Inhuman Error

Q. To err may be human, but is it a bigger mistake for lawyers to rely on artificial intelligence?

Law Firm "Audits"

Q. As if I don't have enough to do, my insurance agent thinks I should get a "risk management audit" of my law firm. Is this really necessary?

Judging Judges

How far will justices of the Supreme Court of Maryland go to protect their colleagues from the criticism of lawyers appearing before them?

Purging Perjury

Q. After testifying last month that she earned no income other than that reflected on the paystubs and tax returns we put into evidence, my client just told me that she makes extra money "under the table." What are my duties to the client, to the Court and to the IRS?

Frivolous Ethics Charges

Q. If I bring an action without legal or factual justification, I may get sanctioned. Does the same thing apply to Bar Counsel?

Ethics Questions for Ethics Official

Raising questions "about the appearance of impropriety" on the part of its top ethics official, the Supreme Court of Maryland asked whether Bar Counsel used her official position "to undermine ... a candidate in a Judicial election."

Kill Billables?

Q. In charging clients by the hour, aren't we rewarded for inefficiency and penalized for expeditious resolutions? Is there a more ethical way to bill our clients for legal services?

Courting Public Opinion

Q. My client has just been indicted on 13 counts of fraud and every reporter in town has called me for comment. Should I call them back? 

Ethical "Info Wars"

Q. After his client denied any text messages about this case, defense counsel sent me a thumb drive with hundreds of them, including some attorney-client communications. May I use these?

Counselor At Law

Q. Rather than focus on charges that may be tough to beat, my client repeatedly insists that she wouldn't be prosecuted at all if she were white. As a white woman, how can I get her off this racist rant?

Caring for Our Colleagues

Q. In a profession with a higher incidence of mental illness and addiction than society at large, are we doing enough to care for our colleagues?

Removing Retainers

Q. If I don't take retainers, I won't need a trust account at all. Can't I avoid this whole problem by billing for my work after it's completed?

Leveling the Playing Field

Q. I read that Maryland's Bar Counsel tried to deprive accused lawyers of an equal right to discovery in disciplinary cases. Whatever happened to fundamental fairness?

Practice Management Software

I'm one of those legal dinosaurs that still keeps handwritten ledgers. Are there specific programs I should use?

April Fool's for Lawyers

Q. To help me celebrate April Fool's Day, the local sheriff will have my law partner detained as he walks into court today. When he asks why, the sheriff will say he's being arrested for the prank he pulled on me last year. Pretty hilarious, huh?

The Flat Fee Fallacy

Q. I handle criminal cases for one flat fee – start to finish. When must I put the fee in trust and when can I take payments along the way?

Gambling as a Jack-of-All-Trades

Q. Jack Has a General Practice.
Without Expertise, He'll Take What He'll Please,
On Everything under the Sun.
Should Jack Forgo Fees, Adopt Specialties,
Or Limit His Focus to One?

A Long Wait to Reinstate

The Court only suspended him for 60 days. But rather than support a timely reinstatement, Bar Counsel strongly opposed his return to practice after 878 days.

'Tis the Season ...

Q. My tech client had a huge gift basket delivered to me, with an envelope containing first class tickets for a golf trip to Scotland. May I accept these?

Do Lawyer Lives Matter?

Q. As lawyers, we know that "all persons" should be treated equally under the law. Does that apply to "all lawyers" in the attorney grievance process?

Giving Thanks

Q. We are thankful for the many satisfied clients who have recommended us to their friends, coworkers and relatives. To encourage more referrals, may we send them tokens of our appreciation?

Testing Bar Counsel's Power

As one law professor wrote, this oral "argument delve[d] into the philosophy of attorney regulation and the appropriate role of disciplinary counsel in a way that few cases do."

The Ethics of Intimidation

Q. Representing a large manufacturer, I sent a demand letter threatening to sue its competitor and promising a nasty discovery process that would be the "legal equivalent of a proctology exam." Did I go too far?

Mile High Profits

Q. I regularly fly to depositions for a client that pays for my time in transit. If I work on another client's case during the flight, may I bill that time as well?

Fee Splitting

Q. I've always heard that referral fees are forbidden. But I know lawyers who routinely refer cases for a share of the profit, even if they're not licensed where the cases are pending. Isn't this unethical?

Reforming Attorney Discipline

Testifying before the Maryland Court of Appeals, Judge Alan Wilner and Irwin Kramer debate the merits of proposals to reform the attorney disciplinary process.

Buying Out of a Grievance

Q. My client has threatened me with a lawsuit and an ethics complaint unless I refund her legal fees. Should I pay her to release these claims?

Attorney Grievance defense attorney specializes in defending lawyers in disciplinary proceedings before the Maryland Attorney Grievance Commission and the D.C. Bar's Board on Professional Responsibility involving professional misconduct, legal ethics, disbarment, suspensions of law licenses, petitions for disciplinary action, reprimands and sanctions for unethical conduct. If you receive a letter from Bar Counsel Lydia Lawless, Disciplinary Counsel Hamilton Fox, or from any attorney disciplinary board in Maryland or the District of Columbia, retain experienced attorneys with expertise in lawyer discipline and breach of ethics cases to avoid sanctions for professional misconduct. We help lawyers avoid disbarment, suspension, reprimands, censure and informal admonitions by drafting responses to client grievances and ethical complaints; representing lawyers in peer reviews, evidentiary hearings, and oral arguments before the BPR and the Court of Appeals; filing petitions to reinstate an attorney's license to practice law; conducting law firm ethical compliance audits; and drafting legal ethics opinions to protect lawyers from ethics charges. In many cases, disciplinary proceedings may be dismissed, dismissed with a warning, or result in a conditional diversion agreement with Bar Counsel to rectify misconduct. Lawyers may need help in managing their law firm attorney escrow IOLTA trust account and complying with attorney trust accounting rules to avoid charges of ethical misconduct. Do not represent yourself in responding to an attorney grievance, law firm client complaint, or other allegation of ethical impropriety. Attorney grievance defense counsel may help you comply with legal ethics rules, avoid sanctions like suspension or disbarment, and avoid future attorney grievances.

410.581.0070

By The Lawyer's Lawyers | Kramer & Connolly and Irwin R. Kramer who are responsible for the content of this informational website.   This website is designed for lawyers faced with attorney grievances. As cases do differ, past performance does not guarantee future results.
 

NOT AFFILIATED WITH THE ATTORNEY GRIEVANCE COMMISSION OF MARYLAND
OR THE BOARD ON PROFESSIONAL RESPONSIBILITY OF THE D.C. BAR