Starting up a successful professional practice requires ingenuity, business acumen, and a passion for the profession, but it also requires cash. In order to overcome financial barriers, some entrepreneurial professionals have looked to crowdfunding as an alternative method for raising capital. By utilizing social media and dedicated crowdfunding websites, professionals are now in a stronger position than ever to pitch their brand and solicit donations from large numbers of individuals in the general public. Crowdfunding offers the promise of a quick source of revenue, but …
Continue ReadingAuthor: Michael P. Luongo
Conflict Check for Would-be Clients?
Attorneys put food on the table by converting would-be clients into actual clients. However, the astute attorney knows which engagements are not worth pursuing and when to decline representation. The careful attorney knows that even the initial client interview will trigger ethical obligations. To be clear, an attorney’s ethical responsibilities kick even before there is an attorney-client relationship. While most attorneys probably are aware of this general principle, it’s less likely that most engage in best practices during the client intake process.
The New York …
Continue ReadingA Caution against Threats of Disciplinary Action
The judicial process is adversarial by definition. That doesn’t necessarily mean that every case is contentious but many are. In these cases, particularly when emotions are involved, attorneys and their clients often feel strongly that they have been wronged and search for opportunities to be vindicated. When an attorney believes that the other side is asserting a frivolous claim or acting with an improper purpose it may be tempting to raise the prospect of filing a disciplinary action against the opposing lawyer. However, attorneys must …
Continue ReadingFailure to Cite Blog Content Leads to Copyright Claim
Professionals utilize blogs for a variety of reasons: for marketing and promotion, to highlight trends and relevant issues, or to be of service to the community. In many cases, professional blogs do not generate original content, but rather provide summaries and links to primary sources, which readers can further investigate. However, professionals, like all bloggers, must be careful to identify their sources and avoid simply copying content from other sites. Failure to give credit where credit is due, even in blog posts, can violate ethics …
Continue ReadingAttorneys: Don’t Hack Your Adversaries’ Files
Professionals look for ways to gain an edge over their competition. Taking extra time to prepare, investigate claims, and anticipate an adversary’s strategy can often mean the difference between success and failure. However, professionals must ensure that their attempts to gain a tactical advantage do not run afoul of ethics rules. When professionals cross the line, they not only jeopardize their clients’ interests, but also put themselves at risk of litigation or disciplinary action. Some lines are clearer than others. For example, one firm recently …
Continue ReadingAttorneys Admonished for Settlement Posturing
Attorneys have a duty to act as zealous advocates for their clients. This duty is particularly important during settlement negotiations, where counsel’s strategy and negotiation skills play a significant role in achieving a favorable result. However, settlement statements that are intended to deceive one’s adversary can quickly cross the line from permissible posturing to unethical misrepresentations of fact.
This issue was recently brought to the fore in an opinion from the California Standing Committee on Professional Responsibility and Conduct. The opinion addressed whether there are …
Continue ReadingFailure to Keep Up with Technology Could Lead to Ethics Violation
Technology is rapidly changing the manner in which businesses operate. This is equally true for professionals, who must incorporate and adapt to technological advances in order to thrive in a competitive marketplace. However, keeping up to date with technology is not merely a matter of protecting the bottom line. Professionals who fail to stay on the cutting edge could violate ethics rules and jeopardize their client’s interests.
The State Bar of California Standing Committee on Professional Responsibility and Conduct recently issued a formal opinion addressing …
Continue ReadingKeep ‘Em Separated – Combined Social Media Accounts Leads to Property Dispute
Many professionals promote through social media. Within small practices, where an individual is often responsible for contributing content to the site, the lines between business profiles and personal accounts easily overlap. On the surface, a professional’s decision to add personal content to her company account does not necessarily raise any ethical or business concerns. However, where ownership of the business changes, disputes may arise as to whether the social media account is property of the company, or should remain in the possession of the individual …
Continue ReadingAttorney Lawsuit over Overtime Pay
Professionals often require additional assistance handling time-consuming, but routine, tasks. This is particularly apparent in complex litigation that involves voluminous discovery and document review. Not surprisingly, document review can quickly become one of the more labor-intensive and expensive stages of the case. In order to meet this challenge, many firms will hire temporary attorneys to review the discovery for privilege and scope. Before doing so, query whether these firms consider the overtime implications of the FLSA.
Law firms generally consider document review to be professional …
Continue ReadingProfessionals Don’t Kiss and Tell
Professionals love to promote their success stories. Securing major victories can help attract new clients and help establish professional reputation. This is especially true of attorneys, who are often solicited to comment on public aspects of a case once it has concluded. However, post-case commentary could lead to a violation of the attorney’s duty of confidentiality—even when the information discussed concerns issues that are widely known or publicly available.
The State Bar of California Standing Committee on Professional Responsibility recently published a proposed opinion addressing …
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