adamr316
Well-known member
I found this on http://www.dcbar.org/for_lawyers/re...washington_lawyer/october_2008/barcounsel.cfm
Although it is aimed at lawyers I think some of the ethics issue they run into apply here:
The Difficult Client. We all have had this client, or will at some point in our legal careers. This client is such a pain that we often give in and make bad decisions just to please him or her. Feel free to tell this client that Bar Counsel is looming just around the corner, ready to urge the court to snatch your license. Remember that old slogan from a few years back—JUST SAY NO. It is the right thing to do.
Too Much Zeal. Often a young lawyer or one who has become too invested in the client’s case falls into this category. This attorney, in zealously representing a client, skids past the ethics stop sign and lives to regret it.
Last-Minute Situations. The pressure to get the job done at the last minute and without embarrassment often leads to the use of bad judgment or defensive lies, which are easily detectable. Admit you need more time. Don’t give in to last-minute pressure. If it happens, be candid about your situation.
It Was an Old Friend, Not a “Real Client”/I Was Just Helping. This is where attorneys get out of their comfort zone by entering unfamiliar legal territory. It often begins with a little legal advice and ends with a failure to establish a proper attorney–client relationship. (You know the scenario, you are asked one little question at a wedding by a distant cousin.) Do not get sucked into this type of relationship.
My Intentions Were Good. This is the human condition where we become so invested in the righteousness of our client’s case that we cannot understand why anyone could possibly disagree. We often forget there are two sides in every matter. In this situation, we really push the ethics envelope to assist our client’s case. The ability to see the entire field is not just a tactical nicety—it protects us from using bad judgment.
Self-Help. This is the easiest lawyer in the world to prosecute, and we don’t even feel bad doing it. Greed and a sense of entitlement are two of the characteristics of this type of lawyer.
I Didn’t Know/No One Taught Me That Rule. Unfortunately, some of the fault here lies with the law schools as well as the lawyer. We are amazed at how many lawyers do not understand trust accounts or the obligation to protect Rule 1.6 secrets because they were never taught it. That is one of the benefits of the mandatory course for new admittees. Our office gets a chance to demonstrate caution in all of the areas we have identified as deficits of a law school education. (We once wrote the deans of the local law schools and asked if we could send one of our lawyers for a one-hour chat in each professional responsibility class. One school responded that it would forward the request to the faculty. End of story.)
It Wasn’t the Practice of Law. Some lawyers do not understand that the Rules of Professional Conduct apply in both their personal and professional lives. See D.C. Bar R. XI, § 2(a).
Self-Justification After the Conduct Has Occurred. When lawyers violate the rules, they often engage in self- justification and sometimes get creative in their attempts to backtrack. The best policy is to deal with the violation—why it happened and why it will not happen again. The disciplinary system is much kinder to that approach.
I Have Been Around/I Know What I Am Doing. This is the unfortunate refrain we hear from older attorneys. The rules and the law change, but these attorneys do not. Some believe that what they were taught 40 years ago in law school applies to the current state of the ethics rules. Attorneys should remain current and regularly review the rules.
(adamr316's note: Maybe if hundreds of thousands of pages of legislation wasn't passed every year this wouldn't be a problem. Not to mention "case law".)
Not Paying Attention/I Was Too Busy. Neglect of an entrusted legal matter has been the number one ethics violation for the past 35 years, and at least 50 percent of our cases involve neglect. Our version of the golden rule—do unto others as you would do unto yourself—is a great way to view your work on your client’s case.
The Deadly Avoidance Syndrome. We recently wrote on this subject. We will not repeat that article. See “Avoiding Avoidance,” Wash. Law. Oct. 2006. Remember that it is not necessarily a bad person who gets into ethics trouble, but often an attorney who is not paying attention or reacts badly under stress. When all else fails, the ultimate indicator of needing ethical advice is that feeling you get knowing your mother would not be proud of the decision you are about to make.
Although it is aimed at lawyers I think some of the ethics issue they run into apply here:
The Difficult Client. We all have had this client, or will at some point in our legal careers. This client is such a pain that we often give in and make bad decisions just to please him or her. Feel free to tell this client that Bar Counsel is looming just around the corner, ready to urge the court to snatch your license. Remember that old slogan from a few years back—JUST SAY NO. It is the right thing to do.
Too Much Zeal. Often a young lawyer or one who has become too invested in the client’s case falls into this category. This attorney, in zealously representing a client, skids past the ethics stop sign and lives to regret it.
Last-Minute Situations. The pressure to get the job done at the last minute and without embarrassment often leads to the use of bad judgment or defensive lies, which are easily detectable. Admit you need more time. Don’t give in to last-minute pressure. If it happens, be candid about your situation.
It Was an Old Friend, Not a “Real Client”/I Was Just Helping. This is where attorneys get out of their comfort zone by entering unfamiliar legal territory. It often begins with a little legal advice and ends with a failure to establish a proper attorney–client relationship. (You know the scenario, you are asked one little question at a wedding by a distant cousin.) Do not get sucked into this type of relationship.
My Intentions Were Good. This is the human condition where we become so invested in the righteousness of our client’s case that we cannot understand why anyone could possibly disagree. We often forget there are two sides in every matter. In this situation, we really push the ethics envelope to assist our client’s case. The ability to see the entire field is not just a tactical nicety—it protects us from using bad judgment.
Self-Help. This is the easiest lawyer in the world to prosecute, and we don’t even feel bad doing it. Greed and a sense of entitlement are two of the characteristics of this type of lawyer.
I Didn’t Know/No One Taught Me That Rule. Unfortunately, some of the fault here lies with the law schools as well as the lawyer. We are amazed at how many lawyers do not understand trust accounts or the obligation to protect Rule 1.6 secrets because they were never taught it. That is one of the benefits of the mandatory course for new admittees. Our office gets a chance to demonstrate caution in all of the areas we have identified as deficits of a law school education. (We once wrote the deans of the local law schools and asked if we could send one of our lawyers for a one-hour chat in each professional responsibility class. One school responded that it would forward the request to the faculty. End of story.)
It Wasn’t the Practice of Law. Some lawyers do not understand that the Rules of Professional Conduct apply in both their personal and professional lives. See D.C. Bar R. XI, § 2(a).
Self-Justification After the Conduct Has Occurred. When lawyers violate the rules, they often engage in self- justification and sometimes get creative in their attempts to backtrack. The best policy is to deal with the violation—why it happened and why it will not happen again. The disciplinary system is much kinder to that approach.
I Have Been Around/I Know What I Am Doing. This is the unfortunate refrain we hear from older attorneys. The rules and the law change, but these attorneys do not. Some believe that what they were taught 40 years ago in law school applies to the current state of the ethics rules. Attorneys should remain current and regularly review the rules.
(adamr316's note: Maybe if hundreds of thousands of pages of legislation wasn't passed every year this wouldn't be a problem. Not to mention "case law".)
Not Paying Attention/I Was Too Busy. Neglect of an entrusted legal matter has been the number one ethics violation for the past 35 years, and at least 50 percent of our cases involve neglect. Our version of the golden rule—do unto others as you would do unto yourself—is a great way to view your work on your client’s case.
The Deadly Avoidance Syndrome. We recently wrote on this subject. We will not repeat that article. See “Avoiding Avoidance,” Wash. Law. Oct. 2006. Remember that it is not necessarily a bad person who gets into ethics trouble, but often an attorney who is not paying attention or reacts badly under stress. When all else fails, the ultimate indicator of needing ethical advice is that feeling you get knowing your mother would not be proud of the decision you are about to make.