Clarity is our most powerful tool, with ambiguity being pure liability. Attorney-client engagement agreements are contracts, viewed by Courts and Attorney Disciplinary Committees with the (appropriate) skepticism of a contract of adhesion. One of the most effective ways law firms can protect themselves is by precisely defining and documenting the scope of representation.
This risk management best practice is grounded in ABA Model Rule 1.2(a), which states: “A lawyer shall abide by a client’s decisions concerning the objectives of representation and… shall consult ...
I got a bad result for a client last week. It was totally expected but still hurts. I'd explained the risks, prepared him for the outcome, (documented everything) and mentally braced myself. But when the decision came in, there was still that sinking feeling. Not just for the client but for me too. It's not that I believed we would win, but that familiar ache crept in, the one that comes with not being able to change the ending.
This is a warning bell for compassion fatigue begins. It starts small and slow, not with the dramatic collapse of mental health, but an unnoticed erosion of emotional ...
Much like Churchill's take on democracy, the billable hour is the worst form of billing, except for all the others that have been tried. While attorney hourly billing has always been a strange beast, technology is now letting lawyers bill by the minute instead of the traditional six-minute increment.
This absurdity shows just how far we’re willing to contort our profession to preserve a fundamentally broken system. Sure, billing by the minute might seem like progress and a nod toward fairness, maybe even transparency. But we’re arguing over the most efficient way to carve up an ...
Insights from our law firm General Counsel and yours, Jeffrey J. Cunningham
