Firm commitments: lawyers cannot ignore duty to report ethics violations by colleagues

Article Abstract:

Lawyers have an obligation to report known or suspected ethical violations by other lawyers according to the ethics rules and standards of the governing bodies. When the misconducting lawyer is in one's own firm, not even client confidentiality is protection. Lawyers are rarely held liable for the actions of others in their firm unless they knew of the actions, but such knowledge can be inferred from circumstances. In general, ethics violations should always be reported, notwithstanding loyalty and fear of retaliation.

Legal Services, Management

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Separating customer and client: law-related services may not be exempt from ethics rules

Article Abstract:

Lawyers who perform law-related services other than legal practice must act carefully to avoid having those services fall under professional conduct rules. According to Rule 5.7 (Responsibilities Regarding Law-Related Services) of the ABA Model Rules of Professional Conduct, such rules apply when the services are offered through the firm. They may also apply outside it unless the lawyer makes clear to the client the non-legal nature of the services, and the corresponding lack of a lawyer-client relationship.

Laws, regulations and rules, Services, Practice of law, Attorney and client, states

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Please release me; there is no easy way around malpractice liability

Article Abstract:

Attorneys should exactly follow the procedures outlined in ABA Model Rule of Professional Conduct 1.8 when negotiating a waiver of malpractice liability, for following the rule's requirements on disclosure and timing will make sure sufficient consideration and informed consent support such a waiver. The waiver should never include waiving the right to complain to disciplinary authorities, for this would subvert the basic principle of honesty and self-regulation of the profession.

Standards, Malpractice, Legal malpractice

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