The Top Ethical Traps That Lawyers Fall For . .

legal & ethical issues lawfuel.com

legal & ethical issues lawfuel.comAs the complexity of the law – and law practice – has become greater, not to mention more competitive, the ethical rules surrounding the law have become more complex also.

The ABA Journal records the top 10 ethics traps, drawing upon the expertise of Professor Stephen GIllers, who teaches ethics at New York University Law School, who is quoted in the Journal – ““If you think it’s just about the basics, you’re on the road to perdition.”

Among the top 10 – “stumbling” into a lawyer/client relationship or being vague about whether such a relationship exists or not, potentially with disastrous consequences.

Several of the traps however relate to communications and advertising. Knowing the marketing and advertising rules of State Bar Associations and keeping to the rules may appear obvious, but it is one area many lawyers fall foul of. But communicating with clients, or failure to do so properly, is another key ‘fail’.

One way to protect the attorney-client privilege is to add the “attorney-client privileged” label to all communications we think are privileged. Of course, most of us automatically label every e-mail we send that way, just to make sure. Even the order to the deli for five corned beef sandwiches with Russian dressing. If you really want to protect an e-mail, don’t rely on the automatic legend. Label the message itself. Then a judge will know you actually thought about it.

And one of the biggest ethical basket-case issues involves firm breakups and the question of ‘who gets the kids’ – ie clients.

Rule 1.4 requires that a lawyer keep the client reasonably informed about the status of the matter, but ethics opinions at the state level differ on whether a lawyer is obligated to inform clients that he or she is leaving the firm.

There is no prohibition in the ABA Model Rules against a departing lawyer advising clients that he or she intends to leave the firm. The nature of the communication is the major concern.

Among the others –

  • The ‘boss made me do it’ defence to misstatements or misreporting
  • Failing to communicate with clients, which is more than just returning phone calls
  • Becoming commercially involved with clients, which increases the lawyer’s obligations to the client/business partner
  • Being ignorant of the ethical issues, which means becoming familiar with the law
  • Fee agreement traps that can ensnare lawyers who fail to take care to explain them properly
  • Terminating the client/lawyer relationship, which means crystal clarity.

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Dorsey & Whitney LLP was named a winner in the category of “Banking & Finance” in the China Business Law Awards 2017-2018

BEIJING—International law firm Dorsey & Whitney LLP announced today that it was named a winner in the category of “Banking & Finance” in the China Business Law Awards 2017-2018, published by the China Business Law Journal. The awards are based on nominations and comments received by the China Business Law Journal from China-focused corporate counsel, senior managers and legal professionals around the world, along with an evaluation of the winning firms’ landmark deals, cases and other notable achievements.

Dorsey’s Banking Industry Group consists of over 250 attorneys serving banks around the world, including several leading Chinese financial institutions. “We are deeply honored to be recognized for serving our Chinese clients, particularly the large Chinese banks and other Chinese financial institutions, as this is a major focus for Dorsey,” said Lanier Saperstein, a New York-based Partner who is co-head of the Firm’s U.S.–China Practice Group.
“We are proud that so many prominent Chinese banks and other Chinese financial institutions look to Dorsey for counsel from our lawyers in both China and the U.S. As they do an increasing amount of business in the U.S., we are well positioned to serve them, as this award attests.”

Peter Corne, head of the Firm’s Shanghai office, added, “Dorsey serves a wide range of industries in China, and to be recognized in the competitive category of Banking & Finance is very gratifying.”

Dorsey has received many accolades for its China practice, including a past China Business Law Award in the category of “Insurance & Reinsurance” and a China Business Law Journal Deal of the Year award.

About Dorsey & Whitney LLP

Clients have relied on Dorsey since 1912 as a valued business partner. With locations across the United States and in Canada, Europe and the Asia-Pacific region, Dorsey provides an integrated, proactive approach to its clients’ legal and business needs. Dorsey represents a number of the world’s most successful companies from a wide range of industries, including leaders in the banking, energy, food and agribusiness, health care, mining and natural resources, and public-private project development sectors, as well as major non-profit and government entities

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