Skip to main content

The Lawyer's Lawyer

Lawyers Helping Lawyers Avoid the Perils of Professional Discipline

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?

A. In Lincoln's day, just about everyone was a Jack-of-All-Trades.

Riding the circuit from one courthouse to the next, the finest antebellum barristers handled everything from contracts to criminal defense with equal aplomb. Their saddlebags overflowed with a variety of civil and criminal cases, together with wills, promissory notes and other instruments which they scribbled out by hand during breaks in the action.

Times have certainly changed. The industrial and digital revolutions were not fought on horseback. Machines move much faster. In 150 years, we have experienced greater technological "progress" than at any point in the history of mankind. The speed and complexity of business have increased exponentially – and so have our legal problems.

Equestrian skills won't help us navigate a body of law that would overwhelm any individual lawyer. Law firms seeking to provide a "full service" to their clients have grown to the size of the corporations they serve – each with specialized departments devoted to the maze of regulatory issues they face every day.

The Jack-of-All-Trades has given way to "specialists" who spend their careers on thinner slices of a much more intricate world.

In an increasingly complex field, should Jack shutter his shingle and settle on a single specialty?

For many, this seems like a safer bet. Oddsmakers may say that, if Jack narrows his niche, he'll be more likely to master it and less likely to err.

But they don't know Jack.

Jack thrives on variety, hates monotony, and loves the challenge of novel cases. He also loves his clients. While specialists may master discrete legal issues, no one knows his clients better than he does. Over the years, they have come to depend upon Jack's wise counsel and holistic approach to their individual needs.

Jack cares as much for those he serves as he does for the law itself. To feel fulfilled, this lawyer must be able to grow within his profession without losing his personal touch. If the possibility of error leads him to relinquish old relationships and avoid new challenges, Jack runs an even greater risk – that he will lose his enthusiasm for the law, burn out on monotonous matters, and let everything slip.

Jack need not master all trades to represent his clients competently. Commenting on the competence rule, the ABA believes that, "[i]n many instances, the required proficiency is that of a general practitioner." Rule 1.1 comment  [1]. But to achieve proficiency in unfamiliar areas, Jack must be willing to work for it.

In some cases, Jack may need to devour a new treatise or attend seminars to get up to speed. In others, he may collaborate with more experienced practitioners to serve his clients well. This will let him gain experience without compromising the quality of representation.

Though Jack should continue to explore diverse areas, lawyers who tackle all trades may need to find new ones themselves. Lest we risk our law licenses on unfamiliar cases, we've got to know when to hold 'em, when to fold 'em and when to walk away.

Rather than gamble with the lives of his clients, Jack must know his limitations, set reasonable boundaries, and just say "no" to cases which exceed them. Like the family doctor, Jack can then refer his clients to specialists while continuing to monitor their legal health.

If he plays his cards right, Jack's efforts will pay off in a rewarding career, many grateful clients, and a nice mix of intellectually-stimulating matters. He may even master a few before the dealin's done.

The Flat Fee Fallacy
A Long Wait to Reinstate

Related Posts

 
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