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

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

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

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

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

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