Practice Matters

85 ABA Journal Practice Matters articles.

How the crime-fraud exception can threaten attorney-client privilege

A sacrosanct concept in law is the attorney-client privilege—that a client can speak to his or her attorney knowing full well that what the client says will be kept secret. The evidentiary privilege ensures free and frank communications between attorney and client, a reality that generally serves the public interest.

Oct 1, 2023 2:50 AM CDT

Decoding the Legal Doctorate: The curious case of why lawyers are not called ‘doctor’

“I have been a practicing lawyer since 1988, and I’m acutely aware of the curious dance that attorneys have with how to be addressed professionally, particularly in academic settings. It never occurred to me, however, that lawyers would use the title “Dr.” until a few years after graduating from law school.”

Aug 1, 2023 2:20 AM CDT

Legal Interpretation: A quiz based on recent cases

It’s fascinating to monitor how American courts interpret legal instruments. Do they go by the words, or do they let other considerations influence their decisions? That is to say, are they textualists or nontextualists? Regardless of how you see the merits of that issue, you might try your hand at these problems that American courts have decided since 2017.

Aug 1, 2023 2:10 AM CDT

How retainers can lead to ethics issues

Lawyers must tread carefully when they take a client’s money, particularly when labeling funds as “nonrefundable” and assuming they have earned the entirety of that fee even if the attorney-client relationship ends early.

Aug 1, 2023 2:00 AM CDT

Lawyers who know their role can become ‘Rainstars’

My grandfather used to say, “Life is a movie, and we’re all just actors in that story.” And just as all good stories have heroes, understanding who they are and what they want can help lawyers learn to become what I call a “Rainstar.” A Rainstar is a lawyer with a tremendous ability to generate significant revenue for their firm while excelling at client satisfaction and retention.

Jun 1, 2023 2:00 AM CDT

Will ‘chatbot lawyer’ make it into Black’s Law Dictionary?

As I write this column, less than 24 hours after the invention of the phrase chatbot lawyer, I’m fully aware that it will be my call, in conjunction with my staff, on whether the term merits an entry in the next edition of Black’s Law Dictionary. And here I am, in a national magazine for lawyers, actually using the term and thereby potentially helping it along. But I can assure readers that I will assess the matter as objectively as I can.

Jun 1, 2023 1:50 AM CDT

Jurisdiction and Choice of Law: Which state standard should apply?

For attorneys practicing in multiple states, there has been an unresolved question about which choice of law governs when legal ethics questions arise. Each state a lawyer is admitted to may not have adopted the same ethical standards, potentially causing jurisdictional confusion.

Jun 1, 2023 1:40 AM CDT

A Lawyer’s ‘Everest’: Legal career lessons from one lawyer who climbed a nontraditional path to the top

Building your career may be like climbing a mountain, but if you’re going to embrace the metaphor, don’t imagine an ordinary mountain; set your sights on making that mountain your personal Mount Everest.

Apr 1, 2023 2:40 AM CDT

Was the first English-language dictionary penned by a legal lexicographer?

The contender for the distinction is John Rastell (circa 1475–1536), who is commonly credited with having written the first English law dictionary. Yet he might just deserve credit for producing the first dictionary in the English language. Though early editions are undated, the first printing is thought to have appeared in 1523.

Apr 1, 2023 2:30 AM CDT

Are you prepared to address these sleeper ethics issues?

Although attorneys are expected to stay up to date with rules of professional conduct, there are enough obscurities, misperceptions and misunderstandings to fill an entire seminar. Here are some of the biggest red flags.

Apr 1, 2023 2:20 AM CDT

A Tale of Two Careers: Bestselling author advises lawyers who want to also write novels

When my first novel hit bookstores, there was one question my lawyer friends couldn’t help but ask: “Are you going to keep practicing law?” I told them I loved being a lawyer and saw no reason to quit, to which the typical response was something along the lines of “Gee, I’m really sorry, I hope your next book does better.”

Feb 1, 2023 2:10 AM CST

How to frame a legal issue: Part II

A great boon to clarity results from rejecting the four traditional dogmas about framing a legal issue.

Feb 1, 2023 2:00 AM CST

Should it be an ethical obligation to report other lawyers?

Lawyers are often in the best position to know about the misconduct of other lawyers. Most states have adopted the language of ABA Model Rule 8.3, which triggers a mandatory reporting obligation. But not all states have the requirement.

Feb 1, 2023 1:50 AM CST

8 types of clients you must manage in your legal practice

How a client behaves may not only negatively impact a firm and its lawyers: Untrustworthy clients may also pose a professional responsibility risk. A lawyer who practices virtually and in real time has developed some tips to manage the untrustworthy client as well as other difficult clients.

Dec 1, 2022 2:00 AM CST

4 Dogmas Debunked: How to frame a legal issue, Part I

“During my first week of law school in August 1981, we were put through a legal-methods course taught by senior faculty. My small section was led by a respected professor who taught us ‘four essentials’ for stating legal issues,” writes ABA Journal columnist Bryan A. Garner.

Dec 1, 2022 1:50 AM CST

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