Top 10 Legal Ethics Mistakes and How to Avoid Them
- Mistake #1 Professionalism by Russell Yurk for the Maricopa Lawyer (April 2015, page 6)
This final column in the series will discuss what may be the most misunderstood “ethics” requirement of all — professionalism. For too many years, the public’s perception of our profession has been unacceptably low, and that must change.
- Mistake #2 Conflicts of Interest: Former Clients by Russell Yurk for the Maricopa Lawyer (March 2015, page 6)
A different analysis applies when determining conflicts of interest involving former clients (ER 1.9) because the competing interests are different. Whereas lawyers owe ongoing duties of loyalty, diligence and communication to current clients, the primary obligation owed to former clients involves protecting the confidentiality of information learned during the course of representation.
- Mistake #3 Conflicts of Interest: Current Clients (Part 3) by Russell Yurk for the Maricopa Lawyer (February 2015, page 6)
This article is the last of a series on conflicts of interest involving current clients. In addition to the general conflict of interest rule in ER 1.7, there are rules for specific situations in ER 1.8. This article will discuss some of the most commonly applicable of those situations.
- Mistake #3 Conflicts of Interest: Current Clients (Part 2) by Russell Yurk for the Maricopa Lawyer (January 2015, page 4)
Now that you know how to identify potential conflicts of interest, the question becomes: Does the conflict of interest mean that you can’t represent the client?
- Mistake #3 Conflicts of Interest: Current Clients (Part 1) by Russell Yurk for the Maricopa Lawyer (December 2014, page 4)
Conflict of interest situations often raise complicated and misunderstood ethical dilemmas. This article is the first of a multi-part series on conflicts of interest that will hopefully steer you down the right path and give you the tools to properly evaluate potential conflicts of interest.
- Mistake #4 Joint Representations (Part 2) by Russell Yurk for the Maricopa Lawyer (November 2014, page 4)
This month’s legal ethics topic covers the second portion of the topic regarding joint representations and common misunderstandings.
- Mistake #4 Joint Representations (Part 1) by Russell Yurk for the Maricopa Lawyer (October 2014, page 4)
This month’s article is the first of a two-part series that focuses on one of the most misunderstood concepts in ethics — the representation of multiple clients in the same matter.
- Mistake #5: Who is your Client? by Russell Yurk for the Maricopa Lawyer (September 2014, page 4)
Most of the articles I’ve written so far in this series have concerned the client in one way or another, including client engagement letters, client confidentiality and client files.
- Mistake #6: Have a Fee Agreement (and Update it) by Russell Yurk for the Maricopa Lawyer (August 2014, page 4)
Most lawyers know that they need a fee agreement, but may not know what must be included, what they may include, what can’t be included, and when they need to update them. Let’s break this issue down into those four categories.
- Mistake #7: Don’t Talk about your Client’s Case by Russell Yurk for the Maricopa Lawyer (July 2014, page 15)
In general, lawyers understand that they can’t reveal attorney-client privileged communications or work product. But the ethics rules go even further by limiting a lawyer’s right to reveal confidential information.
- Mistake #8: Know your Limits by Russell Yurk for the Maricopa Lawyer (June 2014, page 5)
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
- Mistake #9: Correcting False Testimony or Evidence by Russell Yurk for the Maricopa Lawyer (May 2014, page 5).
One of the most difficult ethical dilemmas a lawyer can face is the false testimony of a client on a material issue. What should lawyers do when their client takes the stand and his testimony conflicts with his affidavit or previous deposition testimony?
- Top 10 Ethics Mistakes and How to Avoid Them by Russell Yurk for the Maricopa Lawyer (April 2014, page 11).
The year 1922 was, more than most, a year that defined the character of the Maricopa County Bar Association. In March, the local organization of lawyers began the tradition of monthly lunch meetings that would provide a forum for collegial attorney relationships in the Valley of the Sun for more than 50 years.