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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. 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?
Q. I gave ten years of my life to this firm.
But I think I've reached my limit on the fees that I can earn.
I should fly solo, yet there's much that I must learn.
What are the proper ways to leave my law firm?
Q. It's a loser under current case law, but my client still wants me to seek relief that would require a major reversal of precedent. If she'll agree to a generous retainer and hourly fees, should I take it?
Q. I settled a weak case for $30,000, and got my client's medical bills reduced to $15,000. But my client is angry that he's "netting a measly $5,000," won't let me pay his doctors, and objects to my one-third fee. What should I do?
Q. Injured on a Delaware highway, my old client spent the night in a Dover hospital, returned to Maryland for more treatment, and called me for representation. I'm not licensed in Delaware. May I take her case?
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?