Your client has just been sentenced as a first-time DWI offender earlier this morning. Later in the afternoon, you are in another courthouse. Your same client is facing sentencing for another DWI. The driver’s abstract has not yet been updated to reflect that, based on the morning’s plea, your client is no longer a first-time
Falling below the standard of care in providing legal services to a client can of course bring a malpractice claim down on your head — and as we’ve pointed out, the economic climate resulting from the Covid-19 pandemic raises the risk of such claims. Let’s say that you’ve actually made an error. If you
It’s no secret that lawyers struggle at disproportionate rates with mental-health and substance-abuse issues. The National Task Force on Lawyer Well-Being reported in 2017 that in a study of 13,000 practicing lawyers, 28 percent struggled with depression; 19 percent struggled with anxiety; and between 21 and 36 percent qualified as “problem drinkers.” Most at risk
A New Jersey lawyer was suspended for six months for misrepresenting to clients for about eight years that their arbitration matter “was proceeding apace,” when he actually had never filed their claim. The lawyer also concealed from his firm for almost two years the malpractice suit that the clients later filed, including the default judgment
Going abroad? Think that “national counsel” is going to take care of anything that comes up when you’re gone? Get swamped when you return and take “several weeks” to wade through the e-mail that piled up in your absence? If you’re local counsel, that might be a recipe for disaster — for your client —
In the aftermath of Hurricane Florence, which last month dumped up to 35 inches of rain on parts of the Carolinas, Virginia and Maryland, caused 48 deaths, and up to $22 billion in property damage, comes a timely new ABA opinion about our ethical obligations related to disasters.
The hurricane did not spare
What if you suddenly became disabled and couldn’t handle your law practice? Or, if you were to die, who would deal with your pending matters? Who has the password for your computer? Who knows where you bank? The Ohio Board of Professional Conduct last week published an ethics guide titled “Succession Planning” that
The prohibition against aiding clients in carrying out crimes and frauds has been in the news lately, in connection with the quandary that lawyers find themselves in when attempting to help clients in the marijuana industry — whose conduct may be legal under state law, while remaining illegal under federal law. (We’ve blogged about it previously, here and here. ) In this environment, it is useful to consider just what constitutes assisting a client’s crime or fraud, as the Ohio Supreme Court did last week in disbarring a lawyer who helped a divorce client hide assets from her spouse.
Continue Reading Don’t help your client hide assets: clear case leads to lawyer’s disbarment