As we at MyShingle have said many times, a retainer agreement is one of the most important tools that we lawyers have to protect ourselves from unscrupulous or troublesome clients. It should be obvious though that lawyers can’t use the retainer agreement to protect themselves by cutting off their clients’ rights to file a grievance.
February 2005
Fabulous Resource from the Texas YLA
Kudos to the Texas Young Lawyers Association for this innovative project, tenminutementor.com, an online library of video presentations on topics like substantive law (mostly Texas, but some, like the talk on Ten Tips for Federal Court, can apply more broadly), ethics, building a firm and personal development. Here’s the Press Release (2/28/05) that further…
Supreme Solos
October marks the Supreme Court’s return to the bench after summer recess. But for the past four years, it’s also marked the Supreme Court group admission of roughly thirty solo attorney from all over the country and members of the ABA’s Solosez listserve. The group event was devised by Maryland solo, Terry Berger who continues…
What’s Worse – A Lying Lawyer or A Stupid, Greedy One?
In this bizarre story, Attorney Punished for False Promises, Adam Kovac, Daily Herald (2/26/05) concerning a disciplinary action brought against attorney Cynthia Sutherin who duped her co-workers into joining what turned out to be a fictitious law firm, I couldn’t help wondering whether the wrong attorney had been charged. After all, if Sutherin’s conduct,…
Change of Pace
Hey readers, I’m dispatching this post from a computer at the Washington College of Law Library of American University in Washington D.C. I’m posting from here just to show that I can but also to make this point. For solo and small firm lawyers, the law library can serve as an antidote to the isolation…
Online Litigation Tips
Via Jim Calloway comes a link to Dave Swanner’s guest post at Legal Underground entitled “Twelve Ways Technology Can Make You A Better Trial Lawyer.” There’s some great advice here for both new and seasoned attorneys who have full time litigation practices or just dabble in trial work from time to time.
Is There A Malpractice Action a-Comin’?
Many attorneys who practice criminal law believe that their malpractice exposure is minimal. After all, it’s hard to show that it’s more likely than not that a client would have avoided conviction but for the attorney’s negligence – it only because it’s so hard to predict what juries might do. But after reading this article,…
Alabama Court Appointed Attorneys May Strike
We’ve already had a lengthy discussion over the reasonableness of $30-$40/hour court appointed rates back here. Now, there’s an interesting development relating to court appointed rates out of Alabama as reported in Lawyers for Poor Threaten Walkout, David Holden, Huntsville Times (2/22/05). According to the article, the state currently pays attorneys for indigent criminal…
Lawyer Sanctioned for Disclosing What A Judge Should Have
Here’s another outrageous story of judicial heavyhandedness. This story, Attorneys Sanctioned for Representing Client’s Challenges of Judicial Ethics (Empire Journal 2/14/05). According to the article, the New York Appellate Division, First Department sanctioned two New York attorneys (to the tune of $2000 and $250 respectively) for “frivolous conduct” when they argued that a judge who…
That Slippery Downhill Spiral
I’m finding that it takes a strong stomach to blog about lawyers’ ethics transgressions. Even though I’m careful and try to do the right thing with every action I take, I often feel as if I’m just a breathe away from tipping over to the other side. Maybe it would start with a small act…