The departure of a lawyer from a firm often creates a highly-charged, emotional atmosphere which can make it difficult for those involved to appropriately consider their responsibilities to the clients and to each other. ABA Formal Opinion 489, released in December 2019 by the ABA Standing Committee on Ethics and Professional Responsibility, contains the latest ABA direction regarding ethical obligations during this difficult time.
Promptness and thoroughness are twin policies underpinning this rule. Unfortunately, many lawyers, in their quest for strict adherence or simply as a matter of convenience, fall into the bad habit of copying clients on email communications to opposing counsel and third parties. This raises a number of ethical issues.
When obtaining signatures from clients on fee agreements or engagement letters, an attorney must not overlook the necessity of signing the document themselves. In a recent case, the Texas Court of Appeals refused to enforce an arbitration agreement where the clients had signed the fee agreement, but the law firm had not.
We all know that "a lawyer shall abide by a client's decision whether to settle a matter." But what happens when lawyer and client disagree on strategy? What if the defense lawyer believes that a summary judgment motion would likely be successful, but the client prefers to have his day in court? Model Rule 1.2(a) discusses the allocation of authority between a client and an attorney.
Trust and Estate lawyers commonly draft reciprocal testamentary instruments for married couples. In representing these individuals, the attorney meets with both parties together to discuss their aligned (and separate) probate goals, evaluates the strengths and weakness of options available to the clients, and ultimately drafts joint, complementing instruments to reflect these wishes. In most cases, once the instruments are drafted, the clients go on their way and the representation (and potential conflict issues) terminates.