Don’t Be a Halfway Law Partner

It is not uncommon for attorneys to join forces to defray costs. This often means sharing office space, support staff, and equipment.  Some attorneys take this a step further, advertising themselves as a partnership even if their practices remain separate.  Such arrangements should be made with caution, however, as they may lead to vicarious liability among the so-called partners.

A New Jersey federal court recently addressed such a scenario for the first time, holding that the plaintiff in a malpractice case failed to support a …

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Lawyers ≠ Partnering with Non-Lawyers

Law firm financing has become an increasingly complex and interesting aspect of the legal business. From personal injury litigation loans, to the financing of the Gawker lawsuit by a Silicon Valley billionaire, it appears many want to get a piece of a lawsuit these days.  However, the Second Circuit recently affirmed a district court ruling that law firms are still forbidden fruit for third-party financiers.

In a case originally brought in 2011, the Second Circuit recently affirmed a district court decision that non-lawyers are prohibited …

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Ethics of Law Firm Dissolutions

All good things must come to an end.  Professional firms are no exception. There are many reasons that a professional firm may close its doors; however, regardless of the cause, professionals must remain cognizant of their ethical duties to third-parties and clients throughout the dissolution process.

The DC Bar recently issued an ethics opinion addressing law firm dissolutions to help attorneys navigate the various rules of professional conduct that are implicated when a law firm terminates its existence as a legal entity.   The Bar began …

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Lawyers are Stressed Out

Running a professional practice can be stressful.  To be successful, professionals often must work long hours, under tight time constraints, and respond to the needs of demanding clients, while simultaneously working to manage their business and market themselves to new clients.  For many professionals, the challenge of working in a professional practice is part of the reward.  However, for others, the work can at times be overwhelming. Statistically, an alarming percentage of the legal profession is stressed and, unfortunately, many are depressed.

Earlier this …

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No Office? No Right to Practice

Many attorneys are licensed to practice in multiple states.  By extending one’s practice across several jurisdictions, lawyers can expand the scope of services offered to their clients and increase their appeal.  However, in order to provide this service, lawyers must comply with certain laws requiring that the attorney maintain a physical office within the state in order to practice there.

For attorneys practicing in large firms whose footprint extends across several states, these rules may not pose a limitation. However, attorneys in smaller practices, who …

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Is the Unfinished Business Doctrine Finished?

Many professionals do not end their careers where they started. Professionals are on the move. The vast majority of professionals are impacted by the transition of a colleague from one firm to another. In fact, with the increase in online media covering the legal industry in particular, news of partner transitions is readily available. In a recent California case, a trustee of a bankrupt law firm has taken the position that the dissolved firm should retain all ongoing legal fees from cases started at the …

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“Trust me, I’m a lawyer”

Attorneys are people too. In the midst of negotiating/litigating on behalf of clients, attorneys also manage their own day-to-day lives. Attorneys sign leases, enter into contracts, negotiate with vendors and otherwise engage in discussions that are personal in nature. It may be tempting for attorneys to seek leverage by boasting their title as “esquire” or to disclose the attorney’s affiliation with a particular law firm. But, to do so may trigger legal and ethical implications.

In a recently filed complaint in the Eastern District of …

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Guilty by Law Office Association

It’s not uncommon for small or solo attorneys to join together with others to share in operating and overhead costs of running a law firm.  Attorneys can sometimes share office space, personnel and equipment yet run completely different practices independent of each other.  However, what happens when one attorney is sued?  Can any of the other attorneys also be held liable? Of course not, right? Well, according to a decision out of Tennessee it’s not entirely out of the question.

Wildasin v. Mathes, arose …

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Lawyer Sanctioned for Employee’s Misconduct

An attorney can’t be held accountable for her client’s breach of the Rules of Professional Conduct, right? Wrong. Model Rule of Professional Conduct 1.15 provides that a lawyer cannot commingle a client’s property (i.e. money) with the lawyer’s. Seems simple enough: don’t mix personal with business.  However, what happens when the lawyer complies with this standard but her employee doesn’t?  According to a Texas state court, the lawyer is still responsible.

A Texas attorney was recently sanctioned and then temporarily banned from practicing law because …

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Professional Liability for Employee Misconduct

Professionals are often entrusted with access to personal and financial information from their clients.  Professionals take great care to ensure that they protect this information from disclosure and that they comply with ethical guidelines regarding proper use of client funds.  However, even when professionals fully comply with the rules, there may be occasions where employees or other individuals who have access to the information through their professional employer use it for an improper purpose.  While professionals cannot always prevent employee misconduct, the actions they take …

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