Client Protection

Is it foolish to litigate pro se?

"A man who is his own lawyer has a fool for a client." A phrase often attributed to Abraham Lincoln. Given that we see so many self-reps in our courts these days, this is as good a time as any to discuss this phenomenon, also known as pro se representation.

Nov 11, 2021 2:06 PM CST

5 tips for working with clients who stand in their own way

Recently, I had an immigration case, where my client was tardy on every deadline and patently refused to do anything beyond the bare minimum to aid their cause. I was emotionally drained by the case but buoyed by the positive result at the end. I must admit I couldn’t fight the impulse to remind the client that they had stood in the way of their own success.

Nov 2, 2021 10:18 AM CDT

Lawyer is disbarred after accusations of ‘pervasive incivility’ and ‘reckless indifference to the law’

A lawyer has been disbarred in Maryland following the same disposition in Virginia for rejecting settlement offers without a client’s consent and demonstrating “pervasive incivility.”

Oct 27, 2021 9:33 AM CDT

Lawyer is disbarred after disciplinary review board alleges an ‘egregious ethics history’

The New Jersey Supreme Court has disbarred a Haddonfield, New Jersey, lawyer who was previously reprimanded once, censured once and suspended four times.

Oct 20, 2021 3:47 PM CDT

Ticket-fighting app was engaged in unauthorized law practice, top state court rules

An app that connected traffic-ticket defendants with lawyers was engaged in the unauthorized practice of law, the Florida Supreme Court ruled Thursday in a 4-3 decision.

Oct 15, 2021 3:14 PM CDT

New ABA ethics opinion clarifies obligations for language access in lawyer-client relationships

Attorneys often must take affirmative steps to ensure that they can communicate effectively with clients with limited English proficiency or with those with noncognitive physical disabilities, such as a hearing or a speech impairment.

Oct 6, 2021 10:03 AM CDT

Online dispute resolution promises to increase access to justice, but challenges remain

Court leaders say an online dispute resolution program, known as LA-ODR, is part of their ongoing efforts to enhance access to justice for self-represented litigants through the use of technology. A 2019 California Justice Gap Study found that 55% of Californians at all income levels experienced at least one civil legal problem in their household in the prior year, but nearly 70% of them received no legal assistance.

Oct 1, 2021 4:10 AM CDT

Agreement giving lawyers ‘sole discretion’ to settle client’s case violates ethics rules, appeals court says

A California appeals court has voided a provision in a contingent-fee agreement that gave personal injury lawyers the “sole discretion” to settle a client’s case.

Sep 7, 2021 4:12 PM CDT

Lawyer faces disciplinary action after engaging in relationship with client

A partner in the Columbus, Ohio, office of Taft Stettinius & Hollister is facing possible disciplinary action after she allegedly exchanged sexually explicit text messages and engaged in sexual activity with a client.

Sep 1, 2021 11:52 AM CDT

Appeals court vacates $1,000-per-day sanction against BigLaw lawyer

The Illinois Appellate Court's Second District has vacated a $1,000-per-day sanction imposed against a Winston & Strawn lawyer who refused to turn over emails in discovery in expectation of a contempt order that would allow for an appeal.

Aug 18, 2021 3:45 PM CDT

Lawyer gets reprimand for responding to negative online review with embarrassing client information

A lawyer who revealed a client’s criminal record and name when countering a negative online review violated an ethics rule that bans revelation of information relating to a representation, the Oregon Supreme Court has ruled.

Jul 21, 2021 9:35 AM CDT

Disbarred lawyer can’t discharge debt he owes state bar for client losses, bankruptcy judge says

A disbarred California lawyer can’t use a bankruptcy to discharge more than $2 million in debt that is owed to a fund used to reimburse his former clients, a federal bankruptcy judge has ruled.

Jun 17, 2021 12:19 PM CDT

Lawyer statements in press release aren’t protected by judicial proceedings privilege, top Texas court rules

The Texas Supreme Court ruled Friday that lawyer statements about a client’s allegations made in a press release and social media aren’t protected by the judicial proceedings privilege or attorney immunity.

May 25, 2021 3:39 PM CDT

Afternoon Briefs: Lawyer job openings skyrocket; judge resigns after ethics charges

Lawyer job openings increase 150%, report says Lawyer job openings have increased by 150% since the start of the COVID-19 pandemic, according to a report by legal market data provider Leopard Solutions. As of May 14, there were 8,268 open jobs for lawyers at more than a thousand global law…

May 20, 2021 4:40 PM CDT

As the legal profession ages, dementia becomes an increasing concern

The legal profession may struggle to identify lawyers experiencing cognitive decline, partly because those who are struggling are good at hiding their problem.

May 12, 2021 3:35 PM CDT