Q: Dear Ethics Lawyer, Many of our vendors have a provision in their agreements limiting their liability related to their work to the amount of their fee, or to some other capped limit. Could we insert a similar provision in our standard form of engagement letter? For example, our firm has a primary malpractice insurance limit of $25 million. Could we include in our engagement letter a provision disclosing that, and limiting our liability for malpractice to the amount of our insurance?
Continue Reading January 15 Issue – Agreements Limiting Liability
January 2 Issue – Comparison Statements About Lawyer Service
Q: Dear Ethics Lawyer, If I truly believe it to be the case, can I properly tell a prospective client that I am confident that I will provide legal service as good or better than any other lawyer in my city? Or have I been watching too many cheesy lawyer ads on television?
Continue Reading January 2 Issue – Comparison Statements About Lawyer ServiceDecember 16 Issue – Multijurisdictional Litigation Practice
Q: Dear Ethics Lawyer, I am a lawyer admitted in a couple of Midwestern states, representing a client in a state where I am licensed that has a dispute with an opposing party in a state where I am not licensed. For various reasons, if the case cannot be settled and the facts develop as I expect, we will most likely file suit in that other state, at which time I’ll get local counsel and get admitted pro hac vice. Until then, can I rely upon the temporary practice provisions of Model Rule 5.5 to attend a pre-litigation settlement meeting without local counsel, and to do some pre-suit investigation and witness interviews, either there or by zoom from a state where I am licensed?
Continue Reading December 16 Issue – Multijurisdictional Litigation PracticeDecember 2 Issue – Ethical Obligations – ex parte Hearings
Q: Dear Ethics Lawyer, I filed suit for a client, among other things seeking interim relief in the form of a temporary restraining order. I gave notice to the defendant of an immediate hearing on the motion. They quickly engaged an attorney who came to the hearing, but knows nothing about the case yet. Do I have an obligation to inform the court and opposing counsel of material facts that run against my effort to secure a TRO, in making my argument at the hearing?
Continue Reading December 2 Issue – Ethical Obligations – ex parte HearingsNovember 15 Issue – Choice of Law
Q: Dear Ethics Lawyer, You have been telling us for years that we have to check the version of the Model Rules in effect wherever we are admitted, or where a case or transaction is, where we are proposing to do various things, or where our client is, i.e., that the rules are often different in different states. I’ve got that.
But how do we know, when the rules are different between two states, which state’s law applies? If they are inconsistent in a way that means we can’t comply with both, are we simply up the proverbial creek without an ethical paddle? Is there any guidance out there?
November 4 Issue – Direct Mail Marketing
Q: Dear Ethics Lawyer, I have recently developed an expertise concerning a new and complex federal regulation of the importation of spirits as a result of my work for a liquor industry client. I would like to develop a practice in the area but do not have any other contacts in the industry. With the assistance of marketing folks, I have now developed an industry list and a slick promotional piece highlighting expertise on the new regulation that I want to mail to every company on the list. Are there any ethical issues?
Continue Reading November 4 Issue – Direct Mail MarketingOctober 15 Issue – Scripting Communications for Client with Adverse Party
Q: Dear Ethics Lawyer, I represent a company in an effort to settle an employee’s discrimination claim. The employee’s lawyer seems to be on a crusade against the company, and appears to have no interest in settlement. Her strategy is to seek to try the matter in order to boost her profile for other cases, whether or not that is in her client’s best interests. The company suspects she is not adequately communicating with her client about its position and generous offer. My client contact has always had a good relationship with the employee and wants me to prepare specific talking points to use to approach the employee directly. May I do so?
Continue Reading October 15 Issue – Scripting Communications for Client with Adverse PartyOctober 1 Issue – Permissive Withdrawal
Q: Dear Ethics Lawyer, I am representing a client in a transaction. The client is extraordinarily difficult and wants to argue about everything, but he is not doing anything illegal or fraudulent and has not asked me to do anything unethical. He has also fallen three months behind on paying his bills and routinely asserts, without basis, that we are not doing a very good job of representing him. Life’s too short—can we just withdraw?
Continue Reading October 1 Issue – Permissive WithdrawalSeptember 16 Issue – Direct Solicitation
Q: Dear Ethics Lawyer, A new business has moved into my area of practice and opened a substantial facility. I am very knowledgeable about an area of law they are involved in, and believe I can provide them with effective service. Is it ethical for me to cold-call the President of the company to invite her to lunch to discuss my expertise and their legal needs? Alternatively, can I write the President to explain and offer my services?
Continue Reading September 16 Issue – Direct SolicitationSeptember 3 Issue – Lawyer as Witness
Q: Dear Ethics Lawyer, Last year, I negotiated a complex and lengthy contract for a client. The client has now been sued for breach of the contract. The case will turn on a pivotal issue of contract interpretation and the intent of the parties. The client will likely want me to be a witness as I was part of all the dealings with the other side. Can our firm defend the suit? What if my recollection of the negotiations differs substantially from our client’s on a critical issue?
Continue Reading September 3 Issue – Lawyer as Witness