Lawyers billing clients on the basis of time spent is less than ideal for all involved. For lawyers, it isn’t the best proxy for value delivered in terms of service and incentivizes inefficiency. For clients, it isn’t the best proxy of value received in terms of service and leaves clients feeling like the only way […]
Tag: RPC 1.5
Answering the question that was undoubtedly on the minds of every lawyer practicing in that state, the Lawyer’s Advisory Committee of the Nebraska Supreme Court issued Ethics Advisory Opinion for Lawyers No. 17-03 making clear that, yes, lawyers can accept payment from clients in the form of Bitcoin or other similar digital currencies. I don’t […]
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Two short updates for a Tuesday
Late last month, I focused a post on a West Virginia lawyer who ended up staring down a 2-year suspension over chronic over-billing. If you missed that post, you can read it here. If you read it, you will recall that one of the items discussed was that the Executive Director of the West Virginia […]
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A tale as old as time.
Stop me if you’ve heard this one … it’s about a lawyer getting into trouble for overbilling … where there are examples of the lawyer even trying to claim to have billed more than 24 hours in a day. You probably stopped me somewhere in there because you have heard it before. The legal profession […]
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It doesn’t all even out in the Walsh.
Selecting just the right item to write about is not easy. This is not going to be an instance of accomplishing it. This is going to be an instance of writing something just because I truly find the outcome astounding (or at least I found the outcome astounding when I first read a blurb about […]
No, stop, this is not a post about politics. Not sure why you’d think that just from the title… It’s Groundhog Day here in the United States. As a person of a certain age, Groundhog Day makes me think of the Bill Murray movie more than the actual parlor trick with a rodent that happens […]
I want to quickly discuss an ethics opinion out of New York state. No, not that one. I’m not going to delve into the brouhaha over the one from March 2016 that only got publicity in August 2016 that involves saying it is ethical for a firm to charge clients for work performed by unpaid […]
If all you manage to do was read the headline from the ABA Journal online story today — “Self-represented litigants perceive bias and disadvantage in court process, report finds,” your reaction will likely be limited to “Duh.” But, there is much more that can be gleaned from this “Cases Without Counsel” study and report that the Institute for […]
Last week, the ABA Standing Committee on Ethics and Professional Responsibility issued its latest formal opinion – Opinion No. 16-474 addressing the topic of “referral” fees under the ABA Model Rules and, specifically, the intersection of Model Rule 1.5(e) and conflicts requirements under Model Rule 1.7. Along the way, the opinion also stakes out […]
Some time ago, I wrote a bit about how existing ethics rules make attempting to use Kickstarter to launch a law firm not a viable option. The primary problem with using crowdsourcing to raise funds to start a law practice is the prohibition in the ethics rules on nonlawyer ownership or investment in law firms. […]