Center For Competitive Management
Issue 018 | September 2008
In This Issue
Legal Ethics Best Practices
Is Screening a Viable Option?
Honesty in Negotiations
The Coming Storm
The Conference Corner
Legal Ethics Best Practices
 
Legal ethics can be a touchy subject.  All practicing attorneys are bound by ethical rules, but there are few that really understand those rules, or for that matter, how to apply those rules to their every day practices.
 
Some of the rules are straightforward, and based on common sense.  We all know that we should not steal from our trust account, or date clients.  But the ethical rules address a myriad of topics, and can be subtle and nuanced.  In addition, the American Bar Association and State bars are not hesitant about adopting amendments to the existing rules, further confusing the issue.
 
We are all human, and we all make mistakes and errors in judgment.  Even the most experienced attorneys can find themselves on the wrong side of an ethical dilemma, or the victim of a lack of knowledge when it comes to ethical rules and their application.
 
As with most things in life, knowledge is power when it comes to the rules of ethics.  The key to complying with the rules, and maintaining your license, is to understand the rules, and why they were adopted, as well as their application in real-world situations.
 
Many states have adopted the ABA Model Rules of Professional Conduct, or at least have based a good part of their rules on the corresponding provisions of the Model Rules.  Therefore, a thorough understanding of the Model Rules will go a long way in helping you to avoid ethical problems, and in understanding the specific rules adopted by your State bar.
 
Please join CCM for a critical and timely audio conference, Legal Ethics Best Practices, on the issue of ethics in legal practice.  Among other things, you will learn about recent changes to the ABA Model Rules that every lawyer needs to understand.
Is Screening a Viable Option?
 
The ABA recently tabled consideration of a proposed amendment to Rule 1.10 of the Model Rules of Professional Responsibility that would permit firms to "screen" certain types of conflicts raised by lateral hires.  Traditionally, a lawyer who represented a client at Firm A would be barred from representing the opposing party when that lawyer laterals to Firm B, and all of the other attorneys at Firm B would also be disqualified from representing the other side.  The author of this piece is vehemently opposed to the amendment, especially in an era when attorneys are constantly under public scrutiny about their ethics (or supposed lack thereof).  (Legal Ethics Formum - no subscription or registration required)
 
The Ongoing Push for Screening
 
Read the article.
Honesty in Negotiations
 
Is honesty the best policy for negotiations?  Some attorneys are notorious for engaging in puffery, and threatening to file suit when they have no intention of doing so.  Is that appropriate or ethical behavior?  Ethics aside, is it productive or counterproductive?  The author of this article concludes that honesty may very well be the best policy for attorneys engaged in negotiations. (Patricia Lee Collins - no subscription or registration required)
  
Truth or Consequences: Is Honesty in Negotiations the Best Policy?
 
Read the article.
The Coming Storm
 
Do you still feel that your firm does not need a strategic plan, or that its current plan is sufficient to weather any storm?  You many want to read this article, in which the author refers to the year 2008 and its economic implications for law firms as "The Perfect Storm."  Is your firm ready to adapt to the economic crisis, and the alienation of many corporate counsel from outside counsel?  (In Search of Perfect Client Service - no subscription or registration required)
 
Will the Perfect Storm Fundamentally Alter the Foundation of the Profession?
 
Read the article.
The Conference Corner
09/23/08

 

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