avoiding-malpractice-claims-in-litigation ..read more

In a story that is sadly all too familiar, the Oregon Supreme Court has issued an opinion and public reprimand of Brian Conry, an immigration lawyer who had the temerity to respond to three negative reviews posted online by a former client. In re Conry (OSB 18-104) (SC S067502). Conry represented a client who was seeking a stay of deportation proceedings. At some point the client engaged a new attorney who obtained the relief that the client was seeking. I will quote one of the reviews and responses: “Horrible experience with [Respondent]. He lost my case. The government has ordered me deporte ..read more

The case is captioned In re Gary K. Davidson, 2017 PR 00099. There were two charges of misconduct: (a) failing to disclose a fee arrangement with a land surveyor; and (b) falsely certifying compliance with MCLE requirements. The first charge was not proven but the second charge was proven and a three-month suspension was recommended. The take-away from this is that Illinois will punish a false MCLE certification. The Panel noted that few reports by lawyers are audited so, therefore, there should be punishment if the lawyer makes a false representation.   ..read more

Over the years, I have thought about this a bit. My current answer to this question is to be mindful of your own emotions when dealing with clients. If a client criticizes you unfairly or makes you angry, stop writing that letter or email and let things cool off. You have may have to write to the client to correct the record, but do not do so when you are angry. Angry lawyers do dumb things like (a) disclose a client confidence to a third party; (b) threaten to file an ARDC grievance against another lawyer; or (c) file an angry motion with a judge. When you are angry, you are not thinking corr ..read more

Two law professors, Robert Anderson IV and Derek Muller, have published “The High Cost of Lowering the Bar,” in the Georgetown Journal of Legal Ethics. It can be found in Volume 32, page 307 of that law review. Anderson and Muller argue, based on statistical evidence that lowering the bar passage score will mean an increase in attorney disciplinary claims. They show that students with lower bar passage scores are more likely to have public disciplinary matters. They argue that the attorney’s score on the bar exam correlates with discipline rates throughout the lawyer’s career. Lawyers with hig ..read more

One issue that arises frequently is whether an agreement between two lawyers to share fees on a case is enforceable. Rule 1.5(e) provides that: (e) A division of a fee between lawyers who are not in the same firm may be made only if ..read more

Disciplinary investigations can be frustrating and time-consuming. Responding poorly to one can have serious consequences in that the punishment is often increased for those who do not acknowledge that they made an error. In Debra Cohen v. Patricia King, AC 40834 Connecticut Court of Appeals, Debra Cohen attempted to bring a defamation complaint against the disciplinary counsel who signed a disciplinary complaint against her. Ms. King moved to dismiss on the basis of the litigation privilege – which generally provides immunity for in-court statements and testimony. The trial court granted the ..read more

The case is GB v. Christine Rossi, A-240-17T3. The case was decided in New Jersey and is an unpublished opinion. The case illustrates one problem with legal malpractice cases – there may be wrongful conduct, but the plaintiff must tie the wrongful conduct to her damages. Plaintiff was getting divorced.   She met with Rossi for about an hour and made numerous disclosures. Rossi declined representation. Later, plaintiff’s husband filed for a temporary restraining order against plaintiff alleging that she had committed domestic violence. At trial, Rossi represented husband. Husband won the t ..read more

One question which comes up frequently is whether a client can sue his former lawyer for legal malpractice based on what the client believes is an inflated legal bill. A legal fee dispute is essentially a breach of contract case filed by the lawyer against the former client. Here the specific complaint was that the lawyer did not explain that, under the fee agreement, the lawyer was not required to refund any portion of the client’s deposit. “Plaintiff next argues defendants breached a fiduciary duty to plaintiff by failing to properly advise him as to the non-refundable aspect of the retainer ..read more

The case is Bar Counsel v. Peter Farber, SJC 11171 (Massachusetts Supreme Judicial Court).  This post is a repeat from a few years ago. I regard the opinion highly and think every lawyer should read it before taking any action adverse to an unhappy client. Farber was the subject of an attorney disciplinary complaint. The complaining party, G. Russell Damon, testified against Farber. Damon accused Farber of wrongful conduct in connection with a real estate transaction. The disciplinary proceeding resulted in a reprimand against Farber. Farber then brought a defamation case against Damon. D ..read more