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The Lawyer's Lawyer
Lawyers Helping Lawyers Avoid the Perils of Professional Discipline
Posts on Managing the Attorney-Client Relationship to Avoid Complaints and Ethical Misconduct
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?
Q. My tech client had a huge gift basket delivered to me, with an envelope containing first class tickets for a luxury vacation in Spain. May I accept these?
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?
Q. Whenever my client gets a bill, he calls to question each of my time entries, keeping me on the phone for 30-45 minutes each time. May I bill him for this time?
Q. My online reputation is everything to me. So how should I respond to a scathing review that called me an "awful" and "dishonest lawyer" who cares more about money than people?
Q. I'm not inclined to make excuses. But things have been so hectic in my office that I let a nice accident case slip through the cracks and failed to file suit by the limitations deadline. My head is spinning. What should I do now?
Q. After emailing several documents to opposing counsel, she slammed me for failing to encrypt the message and exposing records on her client's medical history. Must I encrypt these emails?
Q. I've been approached to represent the husband in a messy custody case. His wife is using an old law school classmate and fellow golfer who serves with me on a bar association committee. Would that present a conflict?
Q. An engaged couple wants to retain me in an accident case. The boyfriend drove through an intersection when a truck ran a red light and crashed into them. May I represent both?
Q. After two other lawyers let her down, a sexual harassment victim approached me to fight for fair compensation. I haven't done these cases before, but she thinks the case is worth millions in light of the #MeToo movement. Should I take the case?
Q. Wishing to handle it herself, my client has asked me not to pay one of her doctors from the proceeds of her settlement. I never signed anything to guarantee such payment, but I'm afraid that the doctor will claim a lien on the proceeds and come after me. What should I do?
Q. My criminal defense client texted me that he really wants to testify. He's got loads of priors, and the prosecutor will eat him alive. How can I get my point across so that he stays far away from the witness stand?
Q. Before leaving, our Chief Legal Officer reported directly to our CEO. Rather than keep counsel in upper management, may we eliminate the position and have our next lawyer report to a manager who works beneath our COO?
Q. Using ransomware, hackers recently locked our firm's data and demanded bitcoins to release it. It cost us around $10,000 to get our data back. But if our clients find out, we'll lose a lot more. Must we tell them?
Q. I know it's hearsay, but a week after the accident, police interviewed a bystander who corroborated my client's account and blamed the other driver. If I can't find the witness, may I call the officer to repeat this statement?
Q. After ten months of discovery in a complex civil case, my client fired me for "taking too long" and refused to pay her bill. Now, her new lawyer has asked me for the file. May I keep it until I get paid?
Q. My client from Athens doesn't speak English. I don't speak Greek. But her son speaks both languages and, until recently, served as my "liaison." Now, they're no longer on speaking terms, and I feel "lost in translation." What should I do now?
Q. Unable to pay a significant retainer in a divorce case, a client asked if I could help him "behind the scenes" and ghostwrite certain pleadings without entering an appearance. Is that allowed?
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?