What should you do when you have a thorny legal ethics problem that comes up in the course of representing a client? The answer is not “Call Ghostbusters.” There are a variety of ways to get ethics advice, and some could be better than others in putting you in the best position in case someone
January 2016
Lawyer tries advice-of-counsel defense in disciplinary case; didn’t disclose client’s death
Here’s an update on a case we reported on last year, where a lawyer agreed to a settlement on behalf of his plaintiff client — who happened to already be dead at the time. The court of appeals in the Illinois case, Robison v. Orthotic & Prosthetic Lab, (predictably) tossed out the settlement based…
Pro se parties who are sort of not — can you communicate with them?
We’ve mentioned before that some courts look with disfavor on lawyers helping pro se litigants by ghostwriting briefs for them to file as their own. Some opinions discussing the issue frame the conduct as lawyer deceit, as misrepresentation, or even as potential contempt of court. In a related twist, the ABA ethics committee has recently…
Dabbling in other practice areas can bring disciplinary, malpractice woes to lawyers
Did you make a New Year’s resolution to shift gears in your law practice? Maybe start practicing in a new area of the law that is unfamiliar to you? It’s always fine to add new skills, of course, and marketing yourself in new ways can be a good strategy for bringing in more revenue in…