Ask the Ethics Experts

'Ask the Ethics Experts' was a periodically occurring column of the Legal Ethics Program in Washington Lawyer, the official magazine of the D.C. Bar. It appeared from September 2016 to December 2019.

2019

November/December 2019
(With apologies to Bobby Pickett and his 1962 smash hit “Monster Mash.”)

Dear Ethics Guru:

I was working at my office, late one night, when my eyes beheld an eerie sight, as my client burst in, and with maniacal eyes, he slammed something on my desk, and to my surprise:

It was a gun! (and it was fully loaded!)
He had a gun! (from which grey smoke floated!)
It was a gun! (He said, “I just used it to kill …”)
He had a gun! (“... now represent me, with your typical skill.”)

The scene was shocking, and a bit grotesque,
truly bizarre, and Kafkaesque.
But the question for me, Bob Pickett, Esq.,
was what to do with the gun on my desk?

Do I give my client all benefit of doubt,
return his weapon, then throw him out?
Or do I stow it away in my office vault,
or report to the cops that my client’s at fault?
Click here for the answer.

October 2019
I understand that when lawyers who are not in the same firm work together on a matter, they have an obligation to comply with the fee sharing provisions of Rule 1.5(e). But now I’m in a bit of a quandary. About halfway through a contingency case on which I was the primary attorney, I left the law firm to start my own practice and, upon the client’s request, brought that matter with me. Upon receiving the settlement check, 我向我的前公司提供了一笔我认为相当可观的澳门赌场官网费，以补偿我在那里处理案件的那段时间. The firm is demanding more money. Does Rule 1.5(e) apply in these circumstances?
Click here for the answer.

September 2019
I am the only person who knows that my client, out on bail, has committed a serious crime by fleeing the country to places unknown. I know that I cannot continue to represent a client with whom I cannot communicate, and, in accordance with Rule 1.16, I filed a motion to withdraw. Moreover, I have read your Speaking of Ethics article “Going Through ‘Withdrawal’” (Washington Lawyer, January 2011), so I know that any information regarding my client’s escape is a Rule 1.6 client secret and that, as such, I may not disclose to the court the reason for my motion.

However, the court has advised that it will not grant my motion unless I provide my basis for it. Classic rock and hard place: If I respond to the court, I violate Rule 1.6; if I don’t, I can't get out of the case ... and perhaps much worse.
Click here for the answer.

July/August 2019
My client, whom I believe to be emotionally unstable, announced yesterday that if he receives one more piece of bad news, he will “take action to relieve [his] pain, once and for all.” This morning, I received notice that summary judgment had been entered against him, and I fear what he might do if I tell him that he has lost his case. What are my responsibilities here?
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June 2019
我代表15名原告(他们没有被认定为一个集体)在不同的案件中对一个共同被告提出类似的索赔. 被告提出了一项全球和解协议条件是我的所有客户都同意和解条款. Two of my clients have already rejected the defendant's offer, and I have been unable to locate one other client. May I withdraw from representing those three plaintiffs and proceed to settlement with the remaining 12?
Click here for the answer.

May 2019
I am a D.C. lawyer who wishes to provide more pro bono legal services. As a solo practitioner, however, I am reluctant to commit to a representation that could involve protracted litigation, but I understand that the D.C. Rules of Professional Conduct permit “limited scope representation.” What ethical issues must I consider when offering to limit the scope of my representation to, for example, a mediation or negotiation of a dispute before any suit is filed?
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April 2019
我在我的聘用协议中加入了一项标准条款，要求客户放弃就与我的代理有关的任何费用索赔进行审判的权利，并将任何此类索赔提交给检察官.C. Bar’s Attorney Client Arbitration Board (ACAB). I recently settled a case for a sophisticated client on very favorable terms, but she refuses to pay my fee and threatens to sue me for “incompetent representation.“她还声称我的仲裁条款是不可执行的，因为它没有引用强制她在ACAB之前进行仲裁所需的具体语言. She alleges that while she may compel arbitration before the ACAB, I do not have any such right. Can this be correct?
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March 2019
A client's family members were victims of a terrible crime. The tragedy garnered much public attention and support for both him and his surviving young child. Our client would like the firm to handle not only the civil litigation related to this atrocity, but also to help direct crowdfunding efforts to pay for legal fees and expenses. ls such assistance permitted under the D.C. Rules of Professional Conduct?
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January/February 2019
My close friend Jane is drinking too much. She is a lawyer at a firm here in the District, and I suspect that she won’t be able to hide the problem from her clients and colleagues much longer. Another acquaintance of mine is a member of the D.C. Bar's Lawyer Assistance Committee (formerly, Lawyer Counseling Committee), but it's a small world and I'm hesitant to tell Jane to reach out to him. The last thing I want to do is damage her career. Is there anything I can do to help?
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2018

October 2018
As general counsel for an LLC that owns and manages several restaurants in the D.C. area, I handle a variety of legal issues on a daily basis, from employment matters to food safety standards and everything in between. I am currently handling a contract dispute with a vendor that may be headed toward litigation. The catch is that I am likely to be a necessary witness if the matter ends up in court. I am confident in my ability to handle the dispute competently, 但我有一个挥之不去的回忆，澳门赌场官网不应该在他们也是证人的案件中提起诉讼. Am I ethically required to hand this case off to another lawyer?  
Click here for the answer.

August/September 2018
When Marcia Medmal brought her hospital malpractice case to me, I immediately delivered my standard “I have not agreed to represent you, you have not agreed to retain me, we’re just discussing it” speech. However, she did sustain significant damages and the case looked promising, 所以我花了相当多的时间和金钱来调查她的主张，收集文件，然后得出结论，证明因果关系是困难的，并拒绝了代理.

I know that I have the ethical duty to return all the documents that Marcia provided to me, but must I yield to her demand to give her my entire investigative file? She says that a lawyer told her that I am ethically bound to return a client’s file, which includes all documents in the file.
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June/July 2018
I am a solo practitioner licensed in both the District of Columbia and Virginia. Many years ago when I started my practice, 我在我家附近的银行开了一个弗吉尼亚信托账户，我的个人和商业账户也存放在那里. Since then, 我没有过多考虑信托账户的规定，因为我从不收取法律代理的预付费用——我的业务几乎完全由法院指定的D语言代理组成.C. Superior Court. However, 我正在考虑接手特区的新事务，这需要我在短时间内持有客户资金. Am I required to open a D.C. IOLTA account?
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April/May 2018
I am licensed in the District of Columbia and in Colorado, where I live and practice law. Specifically, 我建议并协助客户遵守特定行业的州法律，州法律与联邦法律有所不同. In 2014 the Colorado Supreme Court adopted Comment [14] to Colorado Rule of Professional Conduct 1.2 to provide in effect a safe harbor for Colorado lawyers advising and assisting clients in this industry, as long as such lawyers also advise clients regarding federal law and policy. 我担心我可能会受到哥伦比亚特区纪律澳门赌场官网办公室(ODC)的纪律处分，因为我为科罗拉多州的客户提供法律服务.C. Rules do not contain such a safe harbor. Should I be worried?
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March 2018
随着澳门赌场官网似乎每天都有针对各种政治巨头的性骚扰/性侵犯指控, industry, media, entertainment, etc., I wonder: Would such tortious and/or criminal acts committed by a D.C. lawyer also constitute an ethical violation under the D.C. Rules of Professional Conduct?
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February 2018
我多次发现自己处于这样的不幸境地:在诉讼中代表客户，对方澳门赌场官网提出和解条件是我的客户同意放弃我依法有权获得的澳门赌场官网费. Because the settlement does not involve a transfer of money, there is no “pot” from which I could seek a percentage of the recovery. 我知道，从道德上讲，我可能不会让我对获得赔偿的兴趣影响到我的职责，即建议我的客户是否接受一份好的和解协议, 但是，代表客户维护重要权利的澳门赌场官网却无法从他们的时间、努力和成果中得到补偿，这似乎是不公平的.
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January 2018
Fifteen years ago, John Smith, a close friend from law school, and I each established solo practices. 我们决定共同租用办公空间，分担办公费用，这样对我们双方都有利, but we were always meticulously careful to maintain our practices as clearly separate entities.

Sadly, John unexpectedly passed away last week. I know that he left behind a number of active cases, but I know little more than that. May I, with the assistance of his secretary, review his files, advise his clients about John’s passing, and urge them to act expeditiously to secure new counsel? Some clients may be seriously damaged if someone doesn’t take action to protect them — and if not me, then who?
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2017

December 2017
I am launching my own law firm and considering setting up a virtual office. But even if I settle on physical office space, I plan to utilize mobile platforms and technological solutions. 我注意到，澳门赌场官网应用程序无处不在，似乎提供了创建一个“电话办公室”的机会，它可以做任何事情:提醒, scans, retrieves client files, creates electronic signatures and invoices, provides research, and even orders food to be delivered to my car. Many apps have both free and paid versions of the same or very similar products. Keeping my overhead down seems like a good business decision, but is it an ethical one?
Click here for the answer.

November 2017
I am a newly admitted D.C. lawyer. Given my current employment situation, I will not be able to provide any pro bono legal services this year. May I write a check in lieu of representing clients to fulfill my ethical obligation?
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October 2017
我代表一家有限责任公司它的大股东是一位年轻的厨师在哥伦比亚特区第14街开了一家受澳门赌场官网的餐厅之后正在组建一支快餐车队. In the course of representing the company, I speak alternately with her and her partner in the business. Her partner’s nephew, who drives one of the trucks, 他惊慌失措地给我打了个电话说他抽了大麻后滑倒了电线杆. The nephew said that damage to the truck is negligible, but he wants me to come and take a look. What are the possible ethical ramifications of my discussions with the nephew?
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September 2017
As a lawyer admitted to practice in both Virginia and Pennsylvania, I found myself with a growing number of clients and cases in the District of Columbia and, as such, I sought admission through waiver and was just sworn in as a member of the D.C. Bar. How can I fulfill my continuing legal education requirements for Virginia, Pennsylvania, and now, D.C.
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August 2017
I am a D.C. Bar member who lives and works in the District of Columbia. My mother-in-law called me in tears asking for my legal help dealing with a collections matter. I am not licensed to practice law in her home state. Am I ethically permitted to email the collection agency to resolve the dispute on her behalf?
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July 2017
我现在代理一位客户，她发现五年前代理她离婚的澳门赌场官网现在代理她的前夫与他的商业伙伴的纠纷，这让她心烦意乱. She thinks that the lawyer's representation of her adversary is disloyal, and I have to agree that it creates at least the appearance of impropriety. Has the lawyer violated any ethical duties by representing my client's ex-husband?
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June 2017
Two years ago, I took on a very thorny civil rights matter on a contingency basis and, after putting in over 1,500 hours on the case, Client fired me for no apparent reason . . . and less than a month before trial. I am confident that Client's successor counsel, who has no substantive experience in civil rights cases, is going to lose at trial, leaving me with absolutely nothing for all my work. Was Client permitted to fire me on the eve of trial after I put in so many hours on her case, and is there anything that I can do to recover at least some compensation for all my work?
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May 2017
I am one of four partners in a law firm that also employs two associates. One of the partners will be retiring this year, and another partner has significant health issues that have recently taken a turn for the worse. The remaining partner and I agree that dissolution of the firm is an option we would like to consider. What are the ethical implications of dissolving a law firm?
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April 2017
一年多来，我一直在寻找一份内部法律职位，终于收到了一家公司的offer，这家公司似乎在各方面都非常适合我. I spent the weekend reviewing the company's proposed employment agreement, and there is one clause that disturbs me: After leaving the company, I may not perform legal work for any competitors for one year. My friends tell me that this is a standard non-compete term and that I should not worry about it. I raised the issue (gently) with the general counsel, who assured me the company never enforces such contractual terms. Can I sign this agreement without running afoul of the ethics rules?
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March 2017
I am a D.C. lawyer in deep financial trouble particularly with respect to my solo practice, where my negative cash flow may soon force me to close my practice and declare bankruptcy. However, in a large contingency matter I have been handling, Defendant has just made a substantial settlement offer that, if Client accepts, will generate a considerable fee and solve all my financial problems. I think that it is an absolutely terrific offer, and I intend to recommend that Client accept it. Does this present any ethical issues?
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February 2017
I am a junior associate at a large D.C. law firm. 我一直在寻找一份新工作，终于收到了一份暂定的工作, provided that I can clear conflicts at New Firm. I currently represent a client in a matter where New Firm is opposing counsel. Does this mean that my new position is doomed? I am fairly certain that my current client will not provide informed consent to permit the move.
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January 2017
Whenever I faced a potential conflict of interest, I've always sought my client's consent to continue the representation, but now I'm wondering: Am I ethically required to receive such consent in writing?
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2016

December 2016
一位前客户在一个流行的在线评论网站上对我的法律服务发表了虚假且极具煽动性的评价. May I ethically defend myself by publicly responding to the post?
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November 2016
我是一名备受瞩目的华盛顿澳门赌场官网，因曾代表一名公职候选人而广为人知. 我现在可以写一篇评论文章分析一下为什么我之前的委托人没有资格在不违反国防部的情况下任职吗.C. Rules of Professional Conduct?
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October 2016
I am an attorney who previously worked in a nonlegal capacity as a water quality expert at the U.S. Environmental Protection Agency, where my main focus was providing scientific expertise to assist the rule-making process. Now that I am in private practice, a client has asked me to review the applicability of a regulation to his proposed manufacturing site. The regulation is one on which I previously advised while at the EPA. Since I was not providing legal advice while I was at EPA, am I correct that Rule 1.11 (Successive Government and Private or Other Employment) simply does not apply to me and that, as such, I do not have a conflict in undertaking to represent my current client?
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September 2016
本地区一家高档餐厅的老板聘请我代表他处理一名变性员工可能采取的雇佣行动. While no action has yet been filed, 老板“通过小道消息”得知，员工已经聘请了澳门赌场官网，并打算就餐厅洗手间的安排提起诉讼. 业主还听说雇员对她的同事说了几句话，这将对我的客户在抗辩这些索赔方面有很大的帮助.

Since I do not know that Employee is represented by counsel, may I contact her and speak directly to her? If not, may I direct Owner to speak to her and report back to me? And may I interview other Restaurant employees about this matter?
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