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