Serving as a Mediator or Arbitrator
June 2020: Determine who in your firm is presently serving or who has recently served as a mediator, arbitrator or third-party neutral in a matter, and put the names of the parties involved into your firm's conflict system.
Don’t Impair Your Client’s Right to Fire You
May 2020: Mistakes in how you word your engagement letter can leave you empty-handed if your client terminates the representation. Column
Changes in the Wind for Law Practice
April 2020: The public could be offered a wide range of legal help without having to see (and pay for) a lawyer. Column
Lawyers Changing Firms: An Update
March 2020: The unfortunate truth is that not all law firm departures can be described as tearful farewells. Column
Positional Conflicts Revisited
January 2020: May a lawyer take opposite positions for several current clients in front of the same judge in the same case?
A Joint Client Retracts Previously Given Consent
December 2019: Continuing representation of non-revoking clients is not prohibited per se but is subject to other considerations. Column
Information You Must Give Joint Clients
November 2019: Multiple representations are a prime source of claims for breach of fiduciary duty and malpractice.
The Accidental Client
October 2019: Disputes between lawyers and people claiming to be their clients usually end badly for lawyers.
The Ethical Considerations of Saying Goodbye
September 2019: Unplanned endings to lawyer-client relationships may test a lawyer's ability to maintgain a professional bearing.
Are You Ever Not a Lawyer?
July 2019: You can't ignore the ethical rules once
you get home from the office.
Positional Conflicts of Interest
February 2019: Traditionally, "positional" conflicts didn't get much attention. It was just something lawyers did.
Ethics and the Bill O'Reilly Settlement Agreement
January 2019: The terms of the confidential settlement
agreement could be the basis for the final exam in the legal ethics course. Column
See 19 Years of Columns and Articles