No one enjoys hearing feedback about themselves that is critical in nature; but don’t get me wrong. Sometimes we need to hear that we’re not meeting the expectations of others because critical feedback shared respectfully can be a wonderful opportunity for personal and professional growth. That said, when a former client posts a review on something like an attorney rating site that is full of vitriol and outright lies, well that’s something else entirely. Now, the temptation to fight back and defend one’s self from the defamation is in play. The interesting question, however, is can you?

Malpractice claims alleging a conflict of interest have been a serious concern for insurers for years; and as a practicing attorney, you should be concerned as well. These claims can get expensive fast if for no other reason than they almost always boil down to greedy attorney put his or her financial interests above someone else. So not good, particularly if a jury has any say in the matter. So, what next?

Let’s review the basics. ABA Model Rule 1.2 (c) allows a lawyer to limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent. In those jurisdictions that have adopted similar language, many have added a requirement that informed consent be confirmed in writing. Now as a risk guy, I like that writing requirement regardless. There are just too many word and word disputes in the world of malpractice and discipline.

Speaking personally, I’m one who believes that the movement toward limited scope representation has been a good thing and long overdue. Speaking professionally, however, I need to share a caution. Find out what that caution is.

Assumptions. We all make them on a daily basis. In fact, as I see it, doing so allows most days to progress with some level of predictability. For example, I often assume all my tech will function problem free, the power will stay on, and that if I need anything from anyone at the office, they’ll be available. There’s nothing wrong with my making such assumptions unless, of course, it turns out one of them is wrong and I’m not prepared to deal with the consequences. Keeping this in mind, let’s now narrow the focus and address some of the ethical missteps that can lead to trouble for the buyer of a law practice when it’s the buyer whose running with assumptions.