Author: Administrator

August 5, 2021

The Ethics of Intimidation

Q. Representing a large manufacturer, I sent a demand letter threatening to sue its competitor and promising a nasty discovery process that would be the “legal equivalent of a proctology exam.” Did I go too far? …

June 24, 2021

Mile High Profits

Q. I regularly fly to depositions for a client that pays for my time in transit. If I work on another client’s case during the flight, may I bill that time as well? A. Before researching this …

June 16, 2021

Fee Splitting

Q. I’ve always heard that referral fees are forbidden. But I know lawyers who routinely refer cases for a share of the profit, even if they’re not licensed where the cases are pending. Isn’t this unethical? …

June 14, 2021

Reforming Attorney Discipline

Testifying before the Maryland Court of Appeals, Judge Alan Wilner and Irwin Kramer debate the merits of proposals to reform the attorney disciplinary process. …

May 20, 2021

Buying Out of a Grievance

Q. My client has threatened me with a lawsuit and an ethics complaint unless I refund her legal fees. Should I pay her to release these claims? A. Although a refund may reduce …

May 10, 2021

Avoiding A Disruption To Practice

Bar Counsel wanted to suspend him. The Court wanted him to continue serving his community where “his pro bono legal service and his other volunteer efforts have been exceptional.” Issue: …

March 2, 2021

Anti-Social Courts

Q. I’ve had my fill of ignorant and arrogant judges who disgrace the ill-fitting robes they wear. As lawyers, isn’t it time we speak out and post about judicial incompetence so we may improve justice for all? …

February 10, 2021

So you committed malpractice …

Q. I’m not inclined to make excuses. But things have been so hectic in my office that I let a nice accident case slip through the cracks and failed to file suit by the limitations deadline. My head is spinning. What should …

February 1, 2021

Suspending an “Extreme” Sanction

Finding Bar Counsel’s call for an indefinite suspension too “extreme,” the Court imposed a more modest moratorium on a lawyer with an unblemished record in close to 50 years of practice. Issue: What sanction should the Court impose upon an …

January 13, 2021

Online Review Rebuttals

Q. My online reputation is everything to me. So how should I respond to a scathing review that called me an “awful” and “dishonest lawyer” who cares more about money than people? A. …

October 30, 2020

Encryption Ethics

Q. After emailing several documents to opposing counsel, she slammed me for failing to encrypt the message and exposing records on her client’s medical history. Must I encrypt these emails? A. There are no …

September 12, 2019

Investigation Into the Conception Fire Shows Serious Safety Flaws; Boat Owners File Petition to Avoid Liability

A preliminary investigation by the U.S. Coast Guard and the Bureau of Alcohol, Tobacco, Firearms and Explosives reportedly shows that serious safety deficiencies may have caused or contributed to the Conception boat fire. The fire, which killed 34 people, was the worst maritime disaster in California history. The passengers on

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