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?
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. 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?
Q. After ordering numerous revisions to her will, my client changed her mind yet again, claimed that my latest draft misstated her wishes, and demanded all of her money back. If I give in, can my refund be used against me?
Q. After 40 years as a general practitioner, I'm tired of going to court. So I'd like to sell my litigation cases and scale back to transactional work only. How can I sell out?
Q. Following an audit in which we acknowledged $48,000 in excess tax liability, the IRS provided a report which miscalculated my client's income and proposed an adjustment of only $13,000. Must I call this error to the auditor's attention?
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. Disabled after her accident, my client can't pay her mortgage, her medical bills, or even her utility bill. Desperate to survive, she wants to settle her case for a fraction of its value. May I advance her living expenses until after we resolve the case?
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. 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?
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. 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. 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. My injured client just tweeted photos of his hiking the Appalachian Trail. To prevent the defense from finding them, may we delete the tweet?
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. After lengthy litigation, we recently collected a large outstanding bill from a client who filed a frivolous counterclaim against us for malpractice. To prevent this from happening again, may we require binding arbitration in future retainer agreements?
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. Denying that she sped up to beat a red light, my injured client swore that she had lots of time to get to work at 8:00 a.m. Told that the police timed the crash at 8:32 a.m., she then changed her start time to 9. May I fire her for lying?