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The Lawyer's Lawyer

Lawyers Helping Lawyers Avoid the Perils of Professional Discipline

Posts Providing Guidance on Managing Your Law Firm to Avoid Ethical Traps

Encryption Ethics

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?

A Chat with GPT

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

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?

New Year's Resolutions

Q. Like everything else, I'm behind in formulating my New Year's resolutions. Aside from getting my booster shot, what should I resolve to do in the year ahead?

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?

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?

Practice Management Software

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

Dollars & Sense

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?

Learning to Trust

Q. Since business has slowed, I finally have time to reconcile my trust account. But I haven't a clue on where to begin. Can you help me?

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?

Law-Man on the Totem Pole

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?

Pursuing Happiness

Q. When I started practicing, I was excited to represent clients, try cases, and resolve serious problems. Now I feel like I've lost my "mojo," lack the energy I once had, and dread going to the office. Any advice?

Are You Covered?

Q. Beyond an occasional accident case, I'm a criminal defense lawyer. In 25 years of practice, I've never been sued, but have spent thousands for malpractice insurance. Can I cancel this unnecessary expense?

The Power of "No"

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?

Ex-Lawyers Wanted

Q. Unable to practice law since her suspension a few years ago, my old law school classmate asked whether I could use her as a paralegal at my own firm. Would I get in trouble if I hire her?

Malware: The Other Virus

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?

Why We're Essential

Q. Exempting us from stay-at-home orders designed to keep people healthy, some states let lawyers go to the office to provide "essential" services. Are we really essential or are they just trying to kill us?

COVID-19: The Virtual Reality

Q. I haven't been infected with COVID-19, but I'm already sick of this virus. My firm isn't set up for remote work, courts are closed, and I feel paralyzed. Any advice?

Hoarding Closed Client Files

Q. In 25 years of practice, I've never thrown anything away. But I'm moving to a smaller office without much storage space. May I toss my closed client files?

The Unbundled Ghost

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?

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?

Selling Out

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?

Ghostwriting an Ethical Dilemma

If you're into blogging,
 Take great care before you post.

Lest you risk a flogging,
 As host to the musings of a ghost.
 

-- Ghostwritten by Irwin R. Kramer

Ways to Leave Your Law Firm

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?

Legal Marketing Secrets

Q. As a high-volume accident lawyer, I've been approached by a marketing firm with "proprietary tools" that can send me at least a dozen cases per month. May I use this service?

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