Articles Posted in Ethics

Though I have not personally encountered it yet, there apparently has been a recent proliferation of a defense tactic of offering to represent witnesses at no charge in order to limit the plaintiff attorney’s access to the witnesses.  This may be particularly a problem in medical malpractice cases but it could occur in any type…

Well, I’ve begun what some say is a “life sentence” on the Disciplinary Rules and Procedures Committee of the State Bar of Georgia, working on updating our Rules of Professional Conduct.  We meet every month or two in the former Federal Reserve Bank vault in the Bar Center (where cell phones don’t work due  to…

Why do people distrust lawyers as a group?  I have seen examples this year — mostly from one law firm that shall remain nameless — of sharp practice that may or may not be punishable under the Rules of Professional Conduct but goes well beyond the bounds of decency and professionalism. In one case, a…

I found a  painting by Jeff Leedy a few years ago in an art gallery in Sausalito titled “Counsel Approaching the Bench,” with two shark fins cutting through the courtroom carpet toward the judge’s bench. (I encourage readers to follow the link above and purchase the print.) This morning a client told me I was…

Insurance defense lawyers have a tough job when the value of a plaintiff’s case exceeds the amount of liability insurance coverage. The tripartite relationship between insurer, insured and defense counsel is unique in the legal profession, variously described as “deeply and unavoidably vexing” and presenting an ethical dilemma that would “tax Socrates.”  See Charles Silver,…

Here’s another Georgia Rule of Professional Conduct that make need some revision.  Our Rule 4.3 differs from the ABA Model Rule 4.3 in ways that are well-intended but have unintended consequences. ABA Model Rule 4.3 provides: In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall…

On Friday morning, the Board of Governors of the State Bar of Georgia unanimously passed my motion to refer to the Disciplinary Rules & Procedure Committee the question of whether Rule 1.15(I)(b) should be amended so as to more clearly define specific interests of creditors of clients as to which an attorney may be required…

Yesterday an attractive young lady appeared at my office without an appointment to solicit a relationship with a chiropractic clinic handling motor vehicle personal injury matters.  The relationship between some (though certainly not all) chiropractors and some bottom feeding lawyers is notorious.  Over the years I have heard numerous accounts of people whose names appear…

Occasionally we get requests for free advice from lawyers who are younger, or whose practices focus in another field of law, and who are struggling to figure out how to handle a complex personal injury or wrongful death case.  Eventually I sometimes ask if they have considered referring the case to someone who handles such…

New York courts have amended lawyer advertising rules to allow attorneys to tout their “bona fide professional ratings” — another example that New Jersey could be out of step if it adopts a proposed ban on services like “Super Lawyers.”  Florida, Arizona and Philadelphia have said Super Lawyers or Best Lawyers ads are ethical.  Such…