Solo and small firm lawyers continue to occasionally call in wanting to discuss a business opportunity that has come to be known as a “license rental” business model. In short, these lawyers are being offered an opportunity to affiliate with an out-of-state law firm or occasionally a non-lawyer owned company, both of which are wanting [...]
Occasionally a lawyer will reach out to me wanting clarification on what should be covered in a letter notifying active clients, whose matters the lawyer will be unable to complete in time, that they are closing their practice. Here’s my response. Ordinarily these letters will inform each client of any relevant time limitations or time [...]
I’ll admit that advertising missteps rarely garner much attention from those who enforce the Rules of Professional Conduct. This shouldn’t be much of a surprise because, truth be told, complaints about what some firm is doing with their advertising campaign almost always come from competitors. Disciplinary complaints filed by consumers of legal services upset with [...]
Trust, which is built upon a lawyer’s ethical duty to keep all information relating to the representation of a client confidential, is the hallmark of the attorney-client relationship. Think about it. A confidentiality rule makes sense because it’s an excellent way to encourage prospective clients to seek legal assistance when called for and to help [...]
I’ve heard all kinds of crazy comments from lawyers over the years. For example, during a CLE event with a state bar’s ethics counsel sitting next to me on a speaker’s panel, two lawyer attendees tried to convince others in attendance that the panel’s position on conflict of interest resolution was clearly wrong. They stood [...]
Common reasons lawyers close their practices include a medical disability, wanting to retire, a move out-of-state, or a career change. While the specific steps that need to be taken and the time frame involved can vary significantly depending upon the reason driving the closure and the type of practice being closed, the following two checklists [...]
I took a call worth sharing because the learning it provides serves as a good reminder about the perils that can arise from a failure to follow through. Here’s the short version of what transpired followed up by what I view as the key takeaways. A long-term client reached out to his attorney to ask [...]
ABA MRPC Rule 1.4 Communication seems clear on its face. Attorneys are to keep clients reasonably informed about the status of their matters as well as to promptly comply with reasonable requests for information. Attorneys are to also explain a matter to the extent reasonably necessary to permit all clients to make informed decisions regarding [...]
I recently asked several of our claims attorneys to identify the top habits they felt new lawyers should develop from day one. With one exception, the list they provided covered the habits I expected they would prioritize. And yet, the more I thought about that one exception, the more I realized how spot on they [...]
In light of my 60th birthday celebration soon becoming a memory, my wife and I have been spending a fair amount of time of late reviewing our investments, finalizing our estate plan, and discussing various options should our life together ever take some unanticipated turns. We’re doing this because we recognize that a job loss, [...]
