Sunday, December 28, 2008

The Value of Social Media To Lawyers

Yes, I am on Facebook, and Twitter, and I have a document on JDSupra and scribd.com. I also joined the ABA clone of Facebook, but it’s currently a pain in the ass, and until it becomes more user friendly, I’ll just watch from afar.

There’s a bunch of “social media” sites right now, but for the purpose of lawyers, I’ll just offer my thoughts on Facebook and Twitter.

Background

If you see no value in these sites and think they are “stupid,” that’s fine. Stick with your “brick and mortar” practice, your expensive “it pays for itself” yellow pages ad, and your occasional cocktail party where you stand around and complain about how you “hate these things.” Go, practice like its 2002.

And let me say this: These are my thoughts. If you are on either of these sites, especially twitter, you will find that about every 6 minutes someone posts an article about what you should or should not be doing. Go ahead and read them, but one thing I've learned pretty quick is that everyone has a different opinion of how and how not to use these sites.

In that light, my first thought is do what you think is appropriate for your practice and lifestyle. You can go crazy listening to everyone's opinions and trying to mold your social media experience into what others think you should do.

THE DIFFERENCE BETWEEN FACEBOOK AND TWITTER

If we were at a carnival, Facebook would be the merry-go-round, and Twitter would be the roller coaster.



FACEBOOK

Facebook is a great place to catch up with old friends, like real old friends you haven’t heard from in 25 years. It’s a place to post vacation and kid pictures and watch bored housewives and the party crowd pass “virtual” drinks, cupcakes, and play games with their “friends.”

Some people believe that every single picture they take needs to be uploaded to Facebook. I may upload a picture or two of something, never believing that even my "friends" want to see 65 pictures of anything going on in my life. I'm also careful about my kids. I think I've posted one grainy shot of one of my kids and that's it. I'm a criminal defense lawyer, no need to show the world my kids. You can get swarms of invitations to play games and participate in real silly crap. I block or delete all of it.

Of my friends on Facebook, I have old school friends, lawyers from all over the country, law students, and others who have something in common with me. I do not "friend up" every single person who wants to connect with me, especially if they have nothing in common with me, are "just getting started" on Facebook and just "want to meet people," or look like they have little redeeming qualities. I always check the "Info" tab to see if they have a job or some purpose in life other than being on Facebook.

I update my status once or twice a day, and am usually careful not to let everyone know every single detail of my location, especially if I am out of town. My blogs are fed into my Facebook page, and I occasionally post a link to a story on the internet of interest. It may be about law, wine, or social media.



TWITTER

Twitter is text messaging on steroids. You are limited to 140 character messages and they come at you 24/7. You can post a picture, but it’s not a constant occurrence like on Facebook. You gather “followers” and “follow” others, watching their conversations, joining in, and sending out “tweets” about everything from your latest blog post, to what you are drinking, to questions about absolutely everything. Most “tweets” contain links to something. The use of twitter is a constant subject of debate. The best advice is to mostly be offering information and help, and not just focusing on gossipy conversation or "tweeting out" mostly personal details of your every step.

Which leads me to my list of “thoughts” about Facebook and Twitter:

[1] Use both, know they are different, treat them as different worlds. Do NOT sync your Twitter status with Facebook. Just look at status updates on Facebook that are from twitter and you'll understand what I mean. It's like speaking French in a Key West bar.

[2] Keep it professional. You are now on the internet even when you are sleeping, out of the country, in court, meeting with a client, wherever and whenever. Don’t act like an idiot.

[3] While you're keeping it professional, get personal. Lawyers can be boring. If you are one of those lawyers with no life outside of law, stay off these sites. If you have a hobby or can talk about something else but law, join in the conversation. Let people know who you are, not just what you do.

[4] Google tracks your Twitter posts. Nothing more to say here.

[5] On Twitter, use your real name or a name that explains what you do. I use MIAMICRIMLAW on Twitter. I don’t follow people who’s name is sexygirl69 or fjkdhjs.

[6] If you are going to be on these sites, THEN BE ON THESE SITES. Don’t ignore them. The more you converse, the more you are known in each world. Answer messages, respond to questions. Remember, you’re a lawyer, you “never know” where your next client is coming from.

[7] Facebook and Twitter are the new business cards. Instead of asking for a card, ask “are you on Facebook/Twitter?" Even those that are embarrassed, will admit they participate on one site or the other.

[8] Don’t follow or friend someone you don’t know and cannot tell why they are trying to connect with you. Remember, you are letting people into your “world” on the internet. Be careful.

[9] On the other hand, if someone doesn’t want to accept you as a “friend” on Facebook or “follow” you on Twitter, don’t worry about it. People have different philosophies about all of this, respect it.

[10] Prospective clients, employers, opposing counsel, and judges are using these sites. Don’t ever forget that, ever.

[11] Recognize others’ achievements, good news, and milestones. Both of these sites go beyond the initial connection.

In the end, remember one thing: whether it's Facebook or twitter, you are putting yourself into the "stream of conversation" on the internet. Think about how you want people to perceive you, and behave in that fashion.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Friday, December 26, 2008

Marquette LAW (Not Lawyer) School

Recently, a member of The Florida Bar Board of Governors was telling me he wants to begin a conversation about what our law schools are doing to prepare graduates for the "real world" of lawyering.

You know, mundane things like getting and dealing with clients, running a small practice, handling judges who could give a crap about all the law you learned, and communicating with dip shit lawyers.

We discussed that the biggest objection would come from law professors who believe that law schools should not participate in this "clinical" type education. Why teach a law student how to use their degree to represent people when you can educate them on the history of the Rule Against Perpetuities, and encourage them to participate in the wholly irrelevant law review?

Actually, I take that back. Law Review is relevant in that BigLaw loves it and law schools love when their graduates go work for BigLaw.

So I was fascinated today when two of the wisest bloggers in the criminal defense blawgosphere, Mark Bennett and Scott Greenfield picked up on a comment posted at the Marquette Law School Faculty Blog by Marquette (we teach law, not lawyers) Law School Professor David Papke in reference to a post on Gideon's blog

"We don’t want law school to be lawyer-training school. When we cave in to demands of that sort from the ABA and assorted study commissions, we actually invite alienation among law students and lawyers. Legal education should appreciate the depth of the legal discourse and explore its rich complexities. It should operate on a graduate-school level and graduate people truly learned in the law."

When I went to law school, my school had the highest Bar passage rate in Florida. Professors lamented that Stetson was a "3 year Bar Examination review course." I thought "that's OK with me, I need all the review I can get." I also participated in trial team, which was poo-pooed by the law review and moot court (read: appellate argument) group.

This argument has been around forever, and will continue.

Teaching law is important, so are lawyers.

In medical school we teach students about the body, its organs, how it works, how it reacts to certain factors, and what causes disease and sickness. Then the "doctors" do a "residency" where they focus on the practicalities of "doctoring."

In law, we give "lawyers" a degree, that they can immediately frame, hang up in an office and greet unknowing clients. The law school having "done their job." Some law schools embrace clinical programs and practical education, others, believe that a practicing lawyer is evidence of the failure of the law school's education.

Apparently the people trying cases and arguing motions are not well versed in the law.

They're just lawyers.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

A Londoner Looks At Pathetic American Lawyer Advertising

Londoner CharonQC, A Public Defender blog author Gideon and I were trading website and YouTube video links to some comical and crappy lawyer advertising. This inspired my good friend Charon to write this post containing 3 examples of what I call "the best argument against lawyer advertising."

Here's my favorite:



Enjoy.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Saturday, December 20, 2008

See You In A Few

I'm taking a few days off, and I hope you are as well.

Please enjoy the music.



Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Thursday, December 11, 2008

Bill Hodes Sends An Email About Lawyer Ethics

Bill Hodes, former clerk to Justice Ruth Bader Ginsburg, a co-author of The Law of Lawyering, and colleague of mine in the Association of Professional Responsibility Lawyers, gave me permission to post this slightly revised email, which he recently posted to the APRL Listserv:

Is our concern about the conduct of lawyers more properly thought of as a matter of ethics or a matter of morals?

I have always thought that many commentators have it exactly backwards as
concerns the terminology to be used-while agreeing that terminology matters.
Consider these four sentences, each of which I believe to be correct.

1. In the 1950s and 60s, before the Supreme Court decided the Bates case,
it was almost universally accepted that lawyer advertising was unethical.

2. In the 1950s and 60s, before the Supreme Court decided the Bates case,
virtually no one thought that lawyer advertising was immoral.

3. Virtually all lawyers agree that it is perfectly ethical to secure the
acquittal of a defendant who is known (to the lawyer) to be factually
guilty, by employing technical and tactical moves that do not involve lying.

4. Many lawyers have moral qualms about securing the acquittal of a
defendant under the above circumstances.

To me, this means that the term "ethical" is best understood as "comporting
with professional ethics norms," whether in law or journalism or the
profession of arms. The term "moral," on the other hand, applies to human
conduct generally, and asks whether the conduct is "right" or "wrong,"
according to some coherent system of distungioshing between the two. (And I
am not a moral relativist; some moral schemes are so deeply flawed as to be
immoral themselves.)

It wouldn't bother me to add the reminder-often or even always-that when we
are speaking of "ethics," we are speaking of "professional" ethics. And I
do not tarry long on the enforceability issue either. In my view, the ABA
Model Rules are not "law," and not enforceable as such, but when the highest
court in a jurisdiction adopts a Code or a set of Rules along the same
lines, those are the law of the jurisdiction, and they are enforceable if
the REQUISITE "shall or shall not" language is present. Rules of morality,
on the other hand, are enforced only by peer pressure, community shaming,
and-most of all, I hope-by the drive for self-respect. (Along the same
lines, the Restatement of the Law Governing Lawyers is not "the law" either,
but many of its tenets are adopted as the common law of many jurisdictions,
in which case they become enforceable in the courts of those jurisdictions.)

I think we can and must teach the content of the rules of professional
ethics to young lawyers, and also the common law and fiduciary principles
that will govern their lives as lawyers. Moral values can be inculcated,
perhaps, but not taught, other than by example and seriousness of purpose.
But I agree most of all that all lawyers should conduct themselves in accord
with the ethics of our profession, because that is the right thing to do!

Bill Hodes


Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Saturday, December 6, 2008

If You Are What You Say You Are, A Superstar, Then Have No Fear.....

OK, this is odd.

Big-Time New York Lawyer Marc Drier was arrested for, uh, saying he was another lawyer.

Now I don't like to give advice here, but I'll take a leap.

DO NOT IMPERSONATE OTHER LAWYERS.

One other thing, DO NOT IMPERSONATE OTHER LAWYERS ESPECIALLY WHEN THEY LOOK NOTHING LIKE YOU. Exhibit 1.

From amlaw:

Toronto police arrested Dreier, 58, Tuesday on a charge of fraudulent impersonation. The arrest came after Dreier allegedly entered a meeting involving Ontario Teachers and a subsidiary of Fortress Investment Group as Michael Padfield, senior legal counsel for investments at Ontario Teachers, according to spokespeople for the companies and a document obtained by The Am Law Daily.

A Fortress employee at the meeting "observed suspicious behavior by an individual and immediately alerted Ontario Teachers staff," company spokeswoman Lilly Donohue says.


Above The Law had it first, and has an update here and here.

Important note: The firm's holiday party is cancelled.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Saturday, November 29, 2008

How To Get The Client And Lose Your Law License

There's no better collection of B.S. than the "Attorneys" section of the Yellow Pages. Lawyers presenting themselves to the unknowing public as "aggressive," or whatever other adjective hits the emotions of the recently arrested, injured, or preparing for divorce.

Sometimes though, it goes beyond B.S. and becomes a flat-out lie.

Take the case three years ago of the lawyer who told a client he had won a $1.1 million medical malpractice settlement.

Except he didn't.

He didn't even file a suit.

The New Jersey Supreme Court ordered his immediate disbarment.

Seems harsh, except that the lawyer was serving a one-year suspension for lying to another client.

I know, you would never do that.

But that's you.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

The Best Resource For Florida Ethics Case Law

Former Florida Bar Ethics Director and current Associate Dean for Information Resources and Professor of Law at Faulkner University's Jones School of Law Timothy P. Chinaris publishes the best site, and maybe the only site with the most current case law on issues concerning lawyers. It's simple, concise, and provides links for Florida and national ethics research.

Check it out.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Saturday, November 15, 2008

Nonrefundable Flat Fee Issues A Hot Topic With State Bars

I believe in flat fees, and I believe hourly billing is a thing of the past and one of the reasons people hate lawyers. Hourly billing is a fraud. It doesn't take 18 minutes to write a short letter, and very few things take as long as they are "billed." Hourly billing is the darling of the insurance industry for the purpose of keeping tabs on us lawyers, and all it does is create dishonesty and make the clients fearful to call their lawyers because it costs too much. P.S. when a client asks for hourly billing I do not charge for phone calls that are less than a few minutes. Call me anytime.

Progressive lawyers believe that flat fees are the future, and not just for criminal lawyers anymore. Client's love them too. Of course now that everyone believes it's a great idea, in steps the Bar to regulate, regulate, regulate.

Proposed rules are popping up everywhere.

Minneapolis Ethics Maven Eric Cooperstein has a great post on his Lawyerist Blog about flat fees.

Eric likes flat fees as well. He says "Clients like to know exactly what a particular legal service will cost and lawyers like to leverage experience they have gained in providing the same service to others. Sometimes a flat fee even lets a lawyer spend more time on a matter because there’s no concern that the client will feel the lawyer was trying to run up the bill by spending more time on legal research or clever drafting. Flat fees are also important for clients who are at a high risk of future nonpayment."

The nonrefundable issue comes to light according to Eric in this manner: "From a definition standpoint, calling a fee “flat” merely says what the amount will be and says nothing about when the client is expected to pay, when the fee will be considered earned, and what portion (if any) the client will get back if the client is unhappy or just decides the lawyer is ugly. (Ha Ha Eric).

Eric goes on to give his thoughts on handling these issues, and mentions the reason nonrefundable flat fees are a problem:

Inevitably, a client comes back a short time after paying the lawyer the fee, after very little work has been done on the case, and says that the client has changed his or her mind so they’d like a refund. The lawyer says, sorry that wasn’t our deal, and the frustrated client complains to the ethics authorities.


Read Eric's entire post, as in the end he advises:

"So keep quoting those flat fees to clients. Just watch out for the ethics bumps."

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Tuesday, November 11, 2008

Florida Lawyers, Here Come The Legal Malpractice Cases

When I say "mortgage fraud" or "foreclosure," what's the first thing that comes to your mind? That's right - Florida!

So about once a day lately I get a call about legal malpractice. Everyone is looking to blame someone (not their fault of course) for their economic woes, and who's better to blame than a lawyer.

The test under Florida law according to a recent appellate case is as follows:

"Establishment of the attorney-client relationship — and thus the attachment of the concomitant rights and duties of each side to the relationship — does not require a written agreement or evidence that fees have been paid or agreed upon. The Florida Supreme Court has said that the test for an attorney-client relationship 'is a subjective one and hinges upon the client’s belief that he is consulting a lawyer in that capacity and his manifested intention is to seek professional legal advice. However, this subjective belief must . . . be a reasonable one.' The Fla. Bar v. Beach, 675 So.2d 106, 109 (Fla. 1996). See also Gonzalez v. Chillura, 892 So.2d 1075, 1077 (Fla. 2d DCA 2004); Dean v. Dean, 607 So. 2d 494, 497 (Fla. 4th DCA 1992)."

Get ready, lots of these suits are a comin'.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Tuesday, November 4, 2008

How Not To Respond To A Law Firm's Rejection

What do you think of this idiot?

Here's the email a colleague received, in it's entirety:

"That was the biggest mistake you ever made......ur hiring a law clerk and u were fortunate enough to find a licensed attorney with the academic credentials i have to interview for it. You'll come to regret that decision when the candidate you selected falls on their face or leaves you hanging and u will especially regret it when i go to te state attorney's office and whip you guys in court every time i come up against you. Good luck to u and ur second rate, pitiful little firm."


Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Monday, November 3, 2008

So I Responded To The Bar........


The majority of my Bar Grievance clients have already "stepped in it," twice.

First, it's the Bar Grievance, then its the uncounseled response.

Now I'm not here to peddle my wares, but something has always made me wonder: A lawyer goes to law school, invests time, money and mental and physical energy into graduation, double that energy for the Bar Exam, enters into a great profession but one that is not easy nor forgiving, and upon receiving a Bar Grievance, you decide now is the time not to have a lawyer.

Anyway, what is happening more and more is that the Bar is seeking "additional" information, and in my opinion, it's usually caused by you, genius lawyer, responding initially in a way that creates more questions than answered.

Al least talk to a lawyer, OK? I trust your goal is not to spend your time defending your license, maybe I'm wrong.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Monday, October 27, 2008

Inside Florida Board Of Bar Examiners Investigative Hearings



Over the weekend I had the honor to represent two applicants to The Florida Bar at their Investigative Hearing before the Florida Board of Bar Examiners.

These hearings are held throughout the year on Fridays and Saturdays and can last 10 minutes, or over a hour.

The reasons for the Board requesting an Investigative hearing vary, but range from prior criminal arrests, non-disclosure issues on both the Bar application and law school application, financial responsibility issues including taxes, child support and judgments, litigation issues, and any other "blip" on your application or as a result of your investigation that causes the Board to want to talk to you.

After handling enough of these hearings, in my opinion, there are 5 things to take into consideration when preparing:

[1] Don't be so quick to request the first hearing date available

You will have a choice of 3 hearing dates. Although your goal is to "get it over with," you need to make sure you are ready for the hearing. The goal is to have one hearing, and do it right. Any issues left unresolved at the Investigative Hearing, may result in "specifications" being filed, and a future Formal Hearing. You don't want a Formal Hearing.

Make sure you are prepared with the facts of your issue or issues, and have gone through a dry run or "mock" hearing to prepare for the tough questions, prepare your attitude and your presence.

[2] Read your Bar Application

Here's a bad part of your upcoming hearing: "That's not what you said in your Bar Application."

Enough said.

[3] You are asking to be admitted to the Bar, pretend like you're asking to be admitted by God to heaven

This hearing is not the time to re-litigate your past, blame others for your failings, or act like the questions you are being asked are not serious. You have no right to be a member of any Bar. Act like you're asking for something, not expecting it.

[4] If you are a lawyer in another state and have prior discipline, let the committee know you know the rules, and prepare for another important question

"Why do you want to be a lawyer in Florida?" We have no problem letting you practice here, just want to know your intentions. Hopefully they are not "I don't know, I like the weather."

On the prior discipline issue, know what you did, and how it violates Florida's rules. Bar rules come from the ABA Model Code, so your rule 2-7.2 is probably Florida's 3-7.2 or something like that. Let the committee know you have read and understand the rules, and what you did as a result of your prior discipline.

[5] Never, ever lie

The number one factor in determining your character and fitness to practice, is your candor. If the committee thinks you're not being truthful, you're done. Remember, many times they know the answer to the question, they just want to see if you'll be honest with them. In sum, if that marijuana arrest 3 years ago was not the last time you smoked pot, tell them.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Sunday, October 19, 2008

Does The Bar Pick On Solo Practitioners?


This question has been pending for years. It's also a discussion not limited to Florida.

My opinion, state Bar associations do discipline solo practitioners more than big firm lawyers, and for good reason.

About a year ago Mike McKee over at the Cal Law Blog addressed this issue.

He mentions several reasons, but two that I believe are at the cornerstone:

"Solos and small-firm attorneys make up 70 percent or more of all lawyers in America and, therefore, by sheer numbers alone rack up more discipline cases."

"They also tend to represent unsophisticated clients who don’t understand the legal system and file more complaints."

Here's the deal, big firm clients tend to be....big firms, corporations, highly sophisticated people who use lawyers as a matter of course and have no use for the Bar discipline process. They'll sue if the lawyer's mistake is significant, not look for a discipline case that will not bring with it a monetary judgment.

Solo practitioners mostly represent small business people or individuals who have mroe direct contact with a particular lawyer and are more sensitive about fees and communication. Big firm clients know their lawyer as the name of the firm, not the name of the lawyer.

Additionally, solo practitioners tend to be less organized and subject to missing filing deadlines and court appearances, and many times take on too much work to concentrate on the client's needs.

So for all the conspiracy theorists, the answer is yes, state Bar associations do discipline solo practitioners at a higher rate, just not for the reasons you may think.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Wednesday, October 15, 2008

Oh That Silly Civil Litigation

Here's a judge's response to a motion to strike Microsoft's Motion for Summary Judgment due to it being, ahem, 4 minutes and 27 seconds late.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Sunday, October 12, 2008

Lawyers: In This Economy - Be As Smart As You Think You Are

While nothing on this blog should be construed as legal advice, in this awful economy, there are some things that lawyers need to consider. I say what I am about to say from experience over the last few months.

[1] Please don't take on matters in which you have no working knowledge of the law.
Lines of credit are for paying rent in slow times, not taking cases in which you have no idea how to practice.

[2] That money in the trust account, is not yours.
There is no "borrowing" the money for a little while.

[3] That settlement you received, is not totally yours, no matter what you consider "costs."
This is not a time to get creative with documents you send to your clients.

[4] The flat-fee retainer agreement you signed, is a contract. Honor your contract.

You may not have as much money right now, but you do have your reputation. You'll have money again, but that won't buy your reputation back.

Just some thoughts from some conversations I've had recently.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Thursday, October 9, 2008

The Problem With Your Discipline History On The Web

I don't have a problem with the fact that the 10-year disciplinary history of a Florida lawyer is on the Florida Bar Website. I have a problem with the fact that it takes another click to see the details.

The word “none” appears if you have had no discipline during the last 10 years, and the word “yes” will appear if there is a 10-year history.

I'm thinking of the line from Jerry Maguire - "you had me at hello."

When someone moves their cursor to the line that says "yes," a message will appear advising that by clicking a displayed link, the member’s 10-year discipline history will be displayed. This includes admonishments, reprimands, suspensions, and disbarments.

How many people are going to see the word "yes, and care what comes next?

I think it should have some detail on the front page, whether that is "suspended for trust account violation," or "admonished for having one word wrong in an advertisement."

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Tuesday, October 7, 2008

How Lawyers Can Be Desperate AND Stupid In This Economy

Former NACDL President Larry Pozner wrote in his farewell column that the worst decisions lawyers will make is when things are slow.

For many in our profession now, things are slow.

No reason to be stupid.

I'm hearing about lawyers connecting with "brokers" for lawyers who perform "loan modification services." The broker "sells" the client to the lawyer and then charges the client a fee for finding the lawyer.

Not a good idea, for so many reasons.

Be careful out there.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Sunday, October 5, 2008

The Expense Of Not Supervising Employees

Here's a story about a Richmond Virginia lawyer reprimanded for not supervising his now convicved felon former administrative assistant. He's also paying pack the $290,000 of client funds she stole.

Florida has a comparable rule - Rule 4-5.3 RESPONSIBILITIES REGARDING NONLAWYER ASSISTANTS

In sum, there's two parts of this rule to remember when it comes to staff: "a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer," and "although paralegals or legal assistants may perform the duties delegated to them by the lawyer without the presence or active involvement of the lawyer, the lawyer shall review and be responsible for the work product of the paralegals or legal assistants."

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Saturday, October 4, 2008

Weekend Lawyer Entertainment



Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Thursday, October 2, 2008

Is It Unethical To.........?

Every day Florida lawyers are faced with ethical dilemmas. Often, a lawyer will consult a fellow associate, partner, The Bible (no kidding), or unfortunately, their own mind.

The Florida Bar website lists every single ethical opinion on file. It's the best place to go, first.

Here they are.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Wednesday, October 1, 2008

Tell Me Some-thin Good - (Just Make Sure I'm Not A Florida Lawyer)

Confirming an ethics opinion, The Florida Bar's Standing Committee on Advertising held recently that Florida Lawyers cannot ask clients or former clients to evaluate their services on the web site of a national lawyer rating service.

It's a violation of Bar Rule 4-7.2(c)(1)(J) prohibiting the use of testimonials in lawyer ads.

The full story is in the new issue of The Florida Bar News

So how am I doing? Nevermind, don't answer that, especially if you're a client.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Tuesday, September 30, 2008

What Not To Do When You're A Lawyer And Your Brother Dies In A Plane Crash

Law.com reports that a well-known Allentown, Pennsylvania lawyer was indicted by a federal grand jury last week for fabricating wills to add himself as a beneficiary after his lawyer brother and sister-in-law were killed in a plane crash.

According to the indictment, the lawyer and his son conspired with a doctor to present fake wills in Orphans' Court.

The lawyer's lawyer says that none of the three are guilty and that the lawyer/defendant was targeted because he is a prominent lawyer who has successfully sued police departments.

I hope so.

The whole story is here.


Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Monday, September 29, 2008

1-800-235-8619

That's The Florida Bar Ethics Hotline

One of my first questions to those that call me is "have you called the Florida Bar Ethics Hotline?"

Every Florida lawyer should have this number: in their cell phone, on a "sticky" attached to their computer monitor, in their wallet next to the AAA card.

The purpose of the hotline, according to The Florida Bar is to "help guide lawyers through the minefields of conflict dilemmas, confidentiality questions, communication concerns, trust accounting problems, and other ethics difficulties unique to the profession."

The Ethics Hotline can answer questions about your "own contemplated conduct," (not your "friend's") and not questions of law, questions about past conduct, or the subject of a pending grievance.

The opinions are oral, however to receive a written ethics opinion, which takes 3-5 weeks, lawyers may write to The Ethics Department, The Florida Bar, 651 E. Jefferson Street, Tallahassee, FL 32399-2300. An ethics inquiry form is provided on the main ethics page of The Florida Bar website



Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

Share/Save/Bookmark

Saturday, September 27, 2008

Welcome to My Law License

As a lawyer who represents Bar Applicants and lawyers facing discipline, I am often asked about the rules, procedures, typical outcomes, and general questions about... your law license - whether you are seeking one, want to keep one, or about to lose one.

I hope this blog provides information to allow the reader to discipher the meaning of the rules and the process enough to possibly lessen the common fear that a single Bar Complaint is the end of career (although in some cases it is absolutely is the end).

Take a look around, at the bottom there's some links to "the basics," and to the right a couple blogs of interest. I'm happy to answer any questions that I can, although I will not be giving legal advice on the blog.

So for now it's a work in progress, maybe it always will be.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer and please visit www.tannebaumweiss.com

Share/Save/Bookmark