Reid My Blog!

Recession-Related Ethics: Navigating Tough Times

I am pleased to be a faculty member for this ABA-CLE ethics teleconference on Tuesday, July 28, 2009.  In these still-difficult times, it is more important than ever to be confident of the ethical boundaries when it comes to client conflicts, fee arrangements, and new marketing ventures.

In this teleconference you will learn:

• About billing issues to get your fees paid and what to do when the client does not pay and when you can, and when you must, withdraw;
• About marketing in new ways including e-newsletters, blogging, and social networking and the ethical issues each new marketing venue creates;
• About steering clear of conflicts, including not taking clients where there is a conflict of interest and avoiding those clients you know would not be a good fit with the firm;
• About career changes and the issues that leaving a firm, joining a new firm, or going solo create.

Join Peter Geraghty, Director of the ABA's ETHICSearch, Chicago, IL; Mary Robinson, Ethics and Professional Responsibility Consulting, Downers Grove, IL; Lynda Shely, of The Shely Firm, PC, Scottsdale, AZ; and me for a practical and informative discussion of the ethical issues affecting many lawyers today.

Solos, Please Beware of Scams That Can Cost You!

Several bar associations are warning their members to be aware of financially-devastating scams being carried out against lawyers, especially solo practitioners.  According to the ABA Journal, at least one small firm found out the hard way to the tune of $400,000. The scam is familiar to those of us who have received e-mail requests from overseas companies seeking help collecting a debt in the U.S. Personally, I have not responded to these e-mails, and I hope the word is now spreading to all lawyers--don't be suckered in even if the response you may receive seems to be genuine. Take time to really check them out: Ask for more details. Confirm identities. Ask for documents. Still, be very leary.

PracticePRO, the claims prevention arm of LawPRO in Ontario, Canada, has issued several fraud alerts including one just yesterday in advance of the Canada Day holiday. With our own July 4th Independence Day three-day weekend, we can learn much from our Canadian colleagues. The business loan scam seems to be the most popular one against solos these days, so beware.

Client Security Fund Raided by Connecticut Legislature

Disturbing news is coming out of Connecticut via a Connecticut Supreme Court Justice and the President-elect of the Connecticut Bar: In an unusual power play, the Connecticut Legislature swooped in and grabbed $2 million of the state's Client Security Fund (which is funded solely by lawyers and overseen by the Court) to help close the state budget deficit, and potentially leaving victims in the lurch.

Client security funds are organized, funded, and managed by state bars and courts across the country to aid victims who are harmed by lawyers who misappropriate client funds.  While the vast majority of lawyers are scrupulously honest, there are a few in each state each year that violate their oaths and the trust of their clients. These security funds are funded by lawyers to make sure the victims of these lawyers are made whole. It is classic self-regulation at work. And it does work. Until now.

Now, not only are potential victims left wondering if their claims will be honored (totaling almost $3 million at the end of 2008), but Connecticut lawyers should feel outraged about this taking. It is their money, backed by their integrity that is at risk too.

Let's hope the lawyers in Connecticut will rally to the aid of the public (before the Connecticut Legislature adjourns) to reclaim what is rightfully theirs and the public they serve.