Everyone makes mistakes. Some are minor errors like a typo. Some are more significant and can jeopardize your client’s case. The question arises as to what duty a lawyer has to tell the client they made a mistake. Consider the following scenario.
Most lawyers want to know as much as possible about the jurors on their case. Some may consider using social media to research jurors but hesitate because they don’t know if they can ethically do so. Consider the following scenario.
The ease of the internet has allowed us to instantly satisfy any curiosity. What happens when a judge is curious to learn more about facts beyond what the parties have presented? Consider the following scenario.
I have no personal experience with this, but there are studies that have found that text message advertising is more effective than email campaigns. I hear that it works better because it is simple, fast, and won’t break the bank. However, the question lawyers must ask is whether text messaging to potential clients violates the ethics rules that govern lawyer advertising.
Prospective client Diane has a complex legal issue in Illinois. Her matter will likely generate millions of dollars in revenue. She receives two referrals, one for Grace and one for Alan. Diane decides to search for these lawyers on the ARDC website (this is the disciplinary agency that regulates lawyers in Illinois) to learn more about them. Diane learns from the website that Grace does not have legal malpractice insurance; but Alan does. They have both been active Illinois licensed attorneys for 10 years. Who does she pick? Wait! This is not only not a silly question, but read the answer and the changes now being implemented for those who don’t have malpractice insurance. Illinois is leading significant changes. You’ll be glad you read this.
Lawyers using email to communicate with clients is the norm. There is usually an expectation and understanding that these communications are privileged. But, can the privilege be lost? Consider the following scenario. Click to post for answer. Good luck!
Should you be concerned if your opposing counsel and the judge on your case are “Friends” on Facebook? What if you are a Judge and you are “Friends” with one of the attorneys who appears before you? Take the quiz and find out.
Everyone wants to be paid for their services. If a lawyer has a client who has fallen behind in payments, and future payment does not appear to be forthcoming, a lawyer may try to withdraw from the representation. If you withdraw, how much information should you share about the reason for your withdrawal? Consider the following scenario.
Every year around this time, graduating law students are preparing to take the bar exam; and completing the Character & Fitness questionnaires with the hope that the Committee will find they are fit to practice law. Perhaps you know a law student; or you have one working in your office; or you know someone who dreams of attending law school. If so, please share this month’s ethics question with him or her. Consider the following scenario.