Author: Administrator

March 1, 2022

The Flat Fee Fallacy

Q. I handle criminal cases for one flat fee – start to finish. When must I put the fee in trust and when can I take payments along the way? A. The answer should be clearly stated …

February 1, 2022

Gambling as a Jack-of-All-Trades

Q. Jack Has a General Practice.Without Expertise, He’ll Take What He’ll Please,On Everything under the Sun.Should Jack Forgo Fees, Adopt Specialties,Or Limit His Focus to One? A. In Lincoln’s day, just about everyone was a Jack-of-All-Trades.Riding the circuit from one courthouse …

January 10, 2022

A Long Wait to Reinstate

The Court only suspended him for 60 days. But rather than support a timely reinstatement, Bar Counsel strongly opposed his return to practice after 878 days. Issue: Sidelined for over two years on what was supposed to be a two-month …

December 11, 2021

Do Lawyer Lives Matter?

Q. As lawyers, we know that “all persons” should be treated equally under the law. Does that apply to “all lawyers” in the attorney grievance process? A. Legally speaking, yes. In …

September 18, 2021

Dealing with Burnt Trees After the Dixie Fire

One of the first post-fire issues landowners face is property cleanup. Debris can include homes, vehicles, structures, personal property, chemicals, and toxins. Debris cleanup also includes burnt trees. How and when to remove damaged trees is one of the most complicated situations an owner will have to deal with post-fire. How

September 13, 2021

Testing Bar Counsel’s Power

As one law professor wrote, this oral “argument delve[d] into the philosophy of attorney regulation and the appropriate role of disciplinary counsel in a way that few cases do.” Issue: Should the …

August 6, 2021

California Wildfire Litigation Podcast

Eric Bersano interviews Mike Danko about his experience in  California Wildfire Litigation:   Esquire University – California Wildfire Litigation – Attorney Mike Danko | RSS Podcasting  

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 …

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