Disorder in the court: zealous advocacy may draw discipline when it crosses the line

Article Abstract:

Some attorneys use the ABA Model Rules of Professional Conduct 1.3 to support zealous advocacy beyond the judge's tolerance but such behavior often leads to disciplinary actions and does not help the client. Jurisdictions still under the Model Code of Professional Responsibility may not sanction attorneys for behavior such as rudely questioning the judge's abilities once the verdict has been read. However, the newer version clearly states that attorneys may not be undignified or discourteous in a manner which degrades the tribunal.

Legal Services, Psychological aspects, Attorneys, Discipline

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Some expert advice: becoming an expert witness can invoke lawyer-client duties

Article Abstract:

Attorneys planning to become expert witnesses or consultants need to be aware that the roles include the potential of duties to the client and so may raise ethical issues. Experts should request an engagement letter from the retaining lawyer and must ensure that the client is fully informed about the expert's role. The limits of the relationship, especially concerning client confidences, need to be established because, in some cases, the expert consultant may be considered a co-counsel.

Analysis, Ethical aspects, Evidence, Expert, Expert evidence, Attorney and client

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Getting in over your head; too many clients and too little expertise can signal big trouble

Article Abstract:

A lesson attorneys who want to avoid ethical trouble must learn is how to turn down clients. Potential clients who might get an attorney into trouble include relatives and clients who need expertise an attorney does not have. Examples of disciplinary cases are given.

Management

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