All in Best Practices

When Dumb Scams Happen To Smart People

There was much buzz today about an article in the Cut (a lifestyle website from Vox Media/New York Magazine) – “The Day I Put $50,000 in a Shoe Box and Handed It To A Stranger.” Charlotte Cowles, the Cut’s financial advice columnist, discussed in embarrassing detail how she fell victim to what she termed a “cruel and violating [scam] but one painfully obvious in retrospect.” Cowles did not believe she could ever be a victim—she did not fit any stereotype; her mom called her “maddeningly rational.”

When You Solicit An Ethics Nerd, You Best Not Miss

If you’ve talked to me often or long enough, or sat through any recent presentation of mine involving social media, you’ve heard me complain about the state of the attorney advertising and solicitation rules. I’ve been critical rules for some time (though, perhaps, not as vocal on this blog as I have been in the real world).

Part of my frustration is that the Rules are just that outdated. Sure, they’re post-Bates at least; they recognize that attorneys may need to rely on something other than their father’s reputation and their golf club membership to make a living. And, by and large, they try to prevent what I hope we all can agree shouldn’t happen—advertising shouldn’t be false or misleading, and it shouldn’t be coercive.

To The Passenger In Seat 26C

I couldn’t help but notice the passenger one row up and across the aisle from me on my first leg. Her laptop was on and clearly visible. The brightness on the screen was turned up to what seemed like 10000% against the dim nighttime plane lighting. She had papers strewn about her seat area, too.

In a matter of seconds, and without really trying to, I figured out she was a lawyer. Not only that, I learned what specialty she worked in, what her major upcoming deadlines were, her staffing needs for the next few months, and the fact that she was waiting for a particular federal appellate decision to guide her strategy in her case in the lower court. How did I learn this? Bright screen, high contrast, big font.

Wherein The Cobbler's Children Actually Have Shoes For Once

I was in California this week for a family funeral, and I was prepared to write this blog entry about all of the grace and understanding colleagues and adversaries have shown. Extensions, offers to cover, and forgiveness for delays were free-flowing. And that’s true, and maybe I will write about that at some point, because this profession is a whole lot less horrible when we can acknowledge each other’s humanity.

No, today I’ll write about that time (today) someone walked off with my laptop at LAX and it did not break my ethics brain.

Roses are Red, Rainclouds are Gray, What You Want With Your Client Breaks 1.8(j)

Model Rule 1.8(j) (Wisconsin counterpart here) is the one rule (other than, perhaps, don’t steal from your clients) that non-lawyers seem to know. Not that this has ever been polled, but if I had to guess, it’s the rule that attorneys other than professional responsibility lawyers can cite most often without looking up. Law students try to stump their professors with increasingly fanciful scenarios. Of course this Rule seems more interesting to most observers than imputed conflicts and multijurisdictional practice.

On That Imagined Spousal Exception to 1.6

If I had to hazard a guess (and I am far from the first person to make a similar guess), Rule 1.6 (governing confidentiality) has the highest violations-to-prosecutions ratio of all of the Rules (or, at least, perhaps second after everyone violates 8.4(c) when they talk about the Tooth Fairy with their kids or how often they floss with their dentist). Why? Because it’s natural to want to debrief your day with your spouse or significant other and it’s hard to avoid discussing specifics.

Crowdfund the Kraken!

Over the weekend, mythical sea creature /(probably) soon-to-be-sanctioned lawyer Sidney Powell announced that she was joining a legal team to aid who she termed “political prisoners” (people who are accused of participating in the January 6 insurrection and are now in jail).

While, okay, everyone deserves a defense, what caught my eye was that this announcement was, of course, attached to a request for donations to Powell’s 501(c)(4). It is not clear whether donations would actually go to some sort of legal defense fund, some other project of the organization, or anywhere else.

This blog isn’t about politics so I’m not going to dive down that rabbit hole (except to remind Ms. Powell that 8.4(c) is a 24/7 law and misleading donors can get her sanctioned just as readily as misleading clients). So instead I’ll talk about crowdfunding legal fees.

Lose Weight for the New Year! (or...fire a client ethically)

Breaking up is hard to do. (After all, it’s cuffing season.) This axiom is as true in a professional setting as it is in a personal one. How to ditch your quarantine bae before they’re vaccinated is beyond the scope of a legal ethics blog (as is whether I should ever use the term “quarantine bae” ever again). But firing a client and withdrawing from representation is sometimes absolutely necessary, regardless of what the calendar says. Perhaps they won’t return your calls, or are refusing to pay your bill, or you can’t see eye to eye about the objectives of representation. Some clients and cases are just albatrosses that you can’t and shouldn’t see through.

No Comment. No, Really, No Comment.

I write about lawyers behaving badly a lot (at least, not when I’m not neglecting this blog-hi everyone, I hope you’ve been well) but one thing I don’t do is comment on Wisconsin lawyers with potential or pending matters. I’ll cite published opinions regarding Wisconsin lawyers, but only in rare cases will I discuss a case in any other context (and then, onl if it’s very publicly clear that I am not their lawyer).

Dispatch From Day Five of "Social Distancing," Not That I'm Counting or Anything

First, I will caveat this with, dammit Jim, I’m a lawyer, not a doctor or an economist, so I’m not going to make any predictions or grand pronouncements, except, please be safe and careful and wash your hands (you can use this handy procrastination tool to make posters for your bathroom mirror). Take this seriously. We are in exceedingly uncharted territory.

Five hundred twenty-five thousand six hundred minutes

If you’re like many lawyers in private practice, you measure (, measure) a year in billable hours, because at the end of the day that’s how you get paid (directly or indirectly, or a combination). I’m not going to use this space to rail for or against the billable hour—most of my work is hourly and there is something to be said for cold math, but plenty of my colleagues utilize contingency, flat fee, and/or hybrid agreements because their work lends itself to those arrangements.

Jumping ship? Read this first.

Lawyers leave their firms (voluntarily) and go to others for a variety of reasons—relocation of a spouse, better offers, jerk bosses, bad coffee. And I suspect the worse the current situation (I mean, certain coffee must violate some Geneva Convention provision, right?), the quicker the lawyer may want to say goodbye and move on.

But, not so fast. They’ve got some important ethical obligations.