Are We Finally Finished With the Unfinished Business Rule?
March 2021: The fees generated from the continuing
work for the firm’s former clients belong to the firm, and the partner who does
the work simply gets what she would have received as if the firm had kept operating.
State Bar Inquiries Not to Be Taken Lightly
February 2021: Failure to cooperate with Bar Counsel, or to furnish records, files and accounts, is considered grounds for discipline.
Don't Impair Your Client's Right to Fire You
January 2021: Mistakes in wording your engagement
letter can undermine your ability to collect from a client who terminates your
The No-Contact Rule Revisited
December 2020: The rule applies even if it's the represented party who initiates the contact or otherwise consents to the communication.
Your Ethical Duties: Dealing with an Impaired Lawyer in Your Firm
September 2020: The kind of impairment that you need to be concerned with is that which “materially” impairs the lawyer’s ability to represent the client. Some impairments can be accommodated.
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. Column
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
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
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.
See 19 Years of Columns and Articles