Made a Mistake? Talk to Counsel, But Don’t Get It in Writing

Legal Ethics

Made a Mistake? Talk to Counsel, But Don’t Get It in Writing

Posted Jun 27, 2008, 02:38 pm CST
By Martha Neil

Lawyers inevitably make mistakes in practice, and when they do, many—correctly—seek advice from another lawyer about resolving the situation.

But that advice, if given by another lawyer within the erring lawyer's own firm, might not be privileged, reports the New York Law Journal, in an article reprinted in New York Lawyer (reg. req.).

"The rationale is that all lawyers within the firm owe a fiduciary duty to the client and so there can be no privileged conversations among attorneys about the client's matter," the article explains, citing several New York cases.

Hence, such advice, within the lawyer's own firm, should not be provided in writing, the article suggests. (It also suggests that orally informing a supervisor at the firm about the mistake should be step No. 1, even before consulting counsel.)

And it's best, too, to ask for advice orally, not in a written communication, the legal publication notes. "Certainly, sending an e-mail saying, 'I need your help because I think I just committed malpractice,' is ill-advised."

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Posted by cynthiamorris - 5 months, 4 days, 9 hours, 11 minutes ago

Yes I believe lawyers are making alot of mistakes any more. There work load has gotten big so big they honestly make mistakes, and others dont care all they want is to get there case done and over with. Its unbelieveable how people dont care anymore. God wont let this go on much longer I think,
Posted by C. Morris - 5 months, 4 days, 8 hours, 59 minutes ago

Continuded, This is happening alot in Breathitt Co. Jackson Ky. 41339. Theres is a jugde here that is putting the worst sentenceings on the people that has commentted offences. Theres one I herard about is unspeakable. I hope this judge reads these comments his intials are F.F.
Posted by Jack Marshall - 5 months, 2 days, 11 hours, 45 minutes ago

Ironically, those last two comments have the worst “sentencing” I’ve seen in quite a while…
Posted by msg - 5 months, 2 days, 10 hours, 23 minutes ago

Are those first two comments really posted by lawyers? Scary. They do not even know how to write a sentence! No wonder they see malpractice everywhere, they are probably committing it!
Posted by Nat - 5 months, 2 days, 8 hours, 33 minutes ago

msg: anyone can post comments to stories here, need not be lawyers.

I think I have had the “worst sentenceings” put on me for having to struggle through the first two comments.
Posted by kyu ho youm - 5 months, 2 days, 8 hours, 31 minutes ago

Bryan Garner’s GAMU is highly recommended to those whose language skills need to be improved. I’m in the middle of reading the third edition of GAMU (forthcoming).

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