I watch entirely too much TV and have to admit that I get sucked into courtroom and legal dramas. I read a blog post saying that CBS’s The Good Wife was stretching ethics a bit much. My first reaction was to agree, and I do understand that in the name of entertainment and getting the story told in the space of an hour, ethics may seem dangerously stretched in order to make a point. Then I watched a couple more episodes (I really like this show) and was struck with another thought. We should be cognizant that some of these ethical breaches that seem so overly dramatic may just be realistic portrayals of what goes on behind closed doors – between attorneys, judges, clients, corporate big-wigs, anyone who may have a stake in the outcome of a case. It’s that whole concept of “the end justifies the means” that forms the basis for bad ethical behavior in the first place. You know, “I’m not a lawyer, I just play one on TV” – except for Fred Thompson and Oscar Goodman and all those politicians that are lawyers. I’m just saying.
When Bad Lawyers Happen To Good People
Posts tagged ‘ethics’
Ethics Complaint – The End
Well, I am not at all surprised that despite the allegations set forth in the ethics complaint I filed against an attorney who let a client he snared from a women’s shelter work for him for four years without pay has been DISMISSED by the powers that be. This is the body of the letter:
The Office of Bar Counsel has considered your grievance regarding Attorney X. After reviewing the information received and communicating with Jane, Attorney X’s former client, it has been determined that any professional misconduct in this matter could not be proved by “clear and convincing evidence,” which is the standard of proof required in disciplinary cases…Accordingly, the grievance has been dismissed and, as such, this matter is closed. The decision by our office, however, does not affect any private remedies that might be available to you…Thank you for bringing this matter to the attention of this office.
And that, my friends, is that. I have encouraged my friend to continue following up with the Labor Board regarding her back wages as this is a “private remedy” that is available to her and which could put some money in her pocket (unless Attorney X declares bankruptcy). Even if she wanted to retain an attorney to sue Attorney X for malpractice, Attorney X does not carry malpractice insurance! It is highly unlikely that she could even find a lawyer willing to take on Attorney X in a lawsuit, but even if there was a lawyer who practiced in this area, taking a case where there is no insurance policy to go after is a loser.
So, unless the Labor Board catches up with him, and he has to pay Jane some back wages (at the rate of minimum wage because there was no agreement as to what her hourly rate of pay should have been), Attorney X has got a pretty good setup. He gets clients referred to him by the women’s shelter. If they can’t pay for his services and they have any skills at all, he has slave labor at his disposal. He can’t get sued for malpractice because he doesn’t carry insurance and he can’t get disbarred because it’s “too hard to prove.”
Frankly, my impression of the position taken by the disciplinary board is this — if they think they can get away with not pursuing the matter, and if the victim is low profile enough, and the attorney hasn’t done something “outrageous” like stealing client monies from the trust fund, they just put it in the “lack of clear and convincing evidence” shoebox, knowing that the person will have nowhere to turn for a “private” or “civil” remedy, and it’s just over.
It’s just wrong.
Lawyers and Clients and Social Media
I would actually like for my lawyer to have a general awareness and understanding of social media (e.g., Facebook, Twitter, LinkedIn, to name a few). This would mean, hopefully, that they were not a total stick-in-the-mud and had some awareness of current events and technology.
That having been said, lawyers need to be very careful about using social media – and you could be the victim of their ethical breaches on the web. If a lawyer or law firm is using social media simply to promote their services in a general way, i.e., basically pointing the consumer to their website for more information, or providing links to articles that educate, that is okay. On the other hand, an individual attorney could certainly end up in social media quicksand by posting confidential information on what they think is a “personal” facebook or other social media account.
If you, the consumer, haven’t already figured out that the Internet in general, and social media sites in particular, are not confidential, you have some catching up to do. But, if your lawyer (in a professional or personal capacity) hasn’t figured that out… A lawyer’s activity on the Internet is governed by the Rules of Professional Conduct…they should not be making promises or guarantees, they should not be bragging about “wins” or griping about clients in any way that could breach confidentiality or other rules. Attorneys are also responsible for the content posted on law firm sites or social media pages by non-attorney staff in their offices.
And another very important point, and this is about YOU! Lawsuits and other legal matters are being won and lost with information about plaintiffs and defendants found on social media sites. THINK before you POST! Your social media life is an open book, and if you are ever involved in litigation, that book will be read. The printed word will draw a picture of you in a court of law that words cannot erase. If you are having any trouble imagining what this could mean, here’s an example. You are separated from your spouse and involved in a divorce, including a fight about the custody of your children. It’s a stressful time in your life, you go out with friends, you party, you drink, you drive, you report your whereabouts and activities to your “friends” on Facebook or Twitter. You claim the life of a monk in court and next thing you know, your social media posts are blown up on a poster at a court hearing! It’s not just between friends, it’s EVIDENCE. Ditto for a worker’s compensation claim, personal injury suit, etc.
If you wouldn’t want to see it on a poster in a courtroom, don’t post it! Simple. Period.
It works both ways — if you have doubts about your lawyer, or you are looking for a new lawyer — check them out on social media.
That’s it for now – don’t forget to follow us on Twitter @htsyl.
