The Lawyer's Lawyer

Q. Representing a large manufacturer, I sent a demand letter threatening to sue its competitor and promising a nasty discovery process that would be the "legal equivalent of a proctology exam." Did I go too far?

Q. I regularly fly to depositions for a client that pays for my time in transit. If I work on another client's case during the flight, may I bill that time as well?

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. 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. I've had my fill of ignorant and arrogant judges who disgrace the ill-fitting robes they wear. As lawyers, isn't it time we speak out and post about judicial incompetence so we may improve justice for all?

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?

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 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. I've been approached to represent the husband in a messy custody case. His wife is using an old law school classmate and fellow golfer who serves with me on a bar association committee. Would that present a conflict?

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. An engaged couple wants to retain me in an accident case. The boyfriend drove through an intersection when a truck ran a red light and crashed into them. May I represent both?

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. Wishing to handle it herself, my client has asked me not to pay one of her doctors from the proceeds of her settlement. I never signed anything to guarantee such payment, but I'm afraid that the doctor will claim a lien on the proceeds and come after me. What should I do?

Q. Whenever my client gets a bill, he calls to question each of my time entries, keeping me on the phone for 30-45 minutes each time. May I bill him for this time?

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. 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 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. 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. If my clients agree to it in writing, can I avoid the need for a trust account and put their money elsewhere?