Archives January 2022

PREAMBLE:  A LAWYER’S RESPONSIBILITIES

[1] A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.

[2] As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others.

[3] In addition to these representational functions, a lawyer may serve as a third-party neutral, a nonrepresentational role helping the parties to resolve a dispute or other matter. Some of these Rules apply directly to lawyers who are or have served as third-party neutrals. See, e.g., Rules 1.12 and 2.4. In addition, there are Rules that apply to lawyers who are not active in the practice of law or to practicing lawyers even when they are acting in a nonprofessional capacity. For example, a lawyer who commits fraud in the conduct of a business is subject to discipline for engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. See Rule 8.4.

[4] In all professional functions a lawyer should be competent, prompt and diligent. A lawyer should maintain communication with a client concerning the representation. A lawyer should keep in confidence information relating to representation of a client except so far as disclosure is required or permitted by the Rules of Professional Conduct or other law.

[5] A lawyer’s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer’s business and personal affairs. A lawyer should use the law’s procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer’s duty, when necessary, to challenge the rectitude of official action, it is also a lawyer’s duty to uphold legal process.

[6] As a public citizen, a lawyer should seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession. As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education. In addition, a lawyer should further the public’s understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority. A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance. Therefore, all lawyers should devote professional time and resources and use civic influence to ensure equal access to our system of justice for all those who because of economic or social barriers cannot afford or secure adequate legal counsel. A lawyer should aid the legal profession in pursuing these objectives and should help the bar regulate itself in the public interest.

[7] Many of a lawyer’s professional responsibilities are prescribed in the Rules of Professional Conduct, as well as substantive and procedural law. However, a lawyer is also guided by personal conscience and the approbation of professional peers. A lawyer should strive to attain the highest level of skill, to improve the law and the legal profession and to exemplify the legal profession’s ideals of public service.

[8] A lawyer’s responsibilities as a representative of clients, an officer of the legal system and a public citizen are usually harmonious. Thus, when an opposing party is well represented, a lawyer can be a zealous advocate on behalf of a client and at the same time assume that justice is being done. So also, a lawyer can be sure that preserving client confidences ordinarily serves the public interest because people are more likely to seek legal advice, and thereby heed their legal obligations, when they know their communications will be private.

[9] In the nature of law practice, however, conflicting responsibilities are encountered. Virtually all difficult ethical problems arise from conflict between a lawyer’s responsibilities to clients, to the legal system and to the lawyer’s own interest in remaining an ethical person while earning a satisfactory living. The Rules of Professional Conduct often prescribe terms for resolving such conflicts. Within the framework of these Rules, however, many difficult issues of professional discretion can arise. Such issues must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the Rules. These principles include the lawyer’s obligation zealously to protect and pursue a client’s legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system.

[10] The legal profession is largely self-governing. Although other professions also have been granted powers of self-government, the legal profession is unique in this respect because of the close relationship between the profession and the processes of government and law enforcement. This connection is manifested in the fact that ultimate authority over the legal profession is vested largely in the courts.

[11] To the extent that lawyers meet the obligations of their professional calling, the occasion for government regulation is obviated. Self-regulation also helps maintain the legal profession’s independence from government domination. An independent legal profession is an important force in preserving government under law, for abuse of legal authority is more readily challenged by a profession whose members are not dependent on government for the right to practice.

[12] The legal profession’s relative autonomy carries with it special responsibilities of self-government. The profession has a responsibility to assure that its regulations are conceived in the public interest and not in furtherance of parochial or self-interested concerns of the bar. Every lawyer is responsible for observance of the Rules of Professional Conduct. A lawyer should also aid in securing their observance by other lawyers. Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves.

[13] Lawyers play a vital role in the preservation of society. The fulfillment of this role requires an understanding by lawyers of their relationship to our legal system. The Rules of Professional Conduct, when properly applied, serve to define that relationship.

SCOPE

[14] The Rules of Professional Conduct are rules of reason. They should be interpreted with reference to the purposes of legal representation and of the law itself. Some of the Rules are imperatives, cast in the terms “shall” or “shall not.” These define proper conduct for purposes of professional discipline. Others, generally cast in the term “may,” are permissive and define areas under the Rules in which the lawyer has discretion to exercise professional judgment. No disciplinary action should be taken when the lawyer chooses not to act or acts within the bounds of such discretion. Other Rules define the nature of relationships between the lawyer and others. The Rules are thus partly obligatory and disciplinary and partly constitutive and descriptive in that they define a lawyer’s professional role. Many of the Comments use the term “should.” Comments do not add obligations to the Rules but provide guidance for practicing in compliance with the Rules.

[15] The Rules presuppose a larger legal context shaping the lawyer’s role. That context includes court rules and statutes relating to matters of licensure, laws defining specific obligations of lawyers and substantive and procedural law in general. The Comments are sometimes used to alert lawyers to their responsibilities under such other law.

[16] Compliance with the Rules, as with all law in an open society, depends primarily upon understanding and voluntary compliance, secondarily upon reinforcement by peer and public opinion and finally, when necessary, upon enforcement through disciplinary proceedings. The Rules do not, however, exhaust the moral and ethical considerations that should inform a lawyer, for no worthwhile human activity can be completely defined by legal rules. The Rules simply provide a framework for the ethical practice of law.

[17] Furthermore, for purposes of determining the lawyer’s authority and responsibility, principles of substantive law external to these Rules determine whether a client-lawyer relationship exists. Most of the duties flowing from the client-lawyer relationship attach only after the client has requested the lawyer to render legal services and the lawyer has agreed to do so. But there are some duties, such as that of confidentiality under Rule 1.6, that attach when the lawyer agrees to consider whether a client-lawyer relationship shall be established. See Rule 1.18. Whether a client-lawyer relationship exists for any specific purpose can depend on the circumstances and may be a question of fact.

[18] Under various legal provisions, including constitutional, statutory and common law, the responsibilities of government lawyers may include authority concerning legal matters that ordinarily reposes in the client in private client-lawyer relationships. For example, a lawyer for a government agency may have authority on behalf of the government to decide upon settlement or whether to appeal from an adverse judgment. Such authority in various respects is generally vested in the attorney general and the state’s attorney in state government, and their federal counterparts, and the same may be true of other government law officers. Also, lawyers under the supervision of these officers may be authorized to represent several government agencies in intragovernmental legal controversies in circumstances where a private lawyer could not represent multiple private clients. These Rules do not abrogate any such authority.

[19] Failure to comply with an obligation or prohibition imposed by a Rule is a basis for invoking the disciplinary process. The Rules presuppose that disciplinary assessment of a lawyer’s conduct will be made on the basis of the facts and circumstances as they existed at the time of the conduct in question and in recognition of the fact that a lawyer often has to act upon uncertain or incomplete evidence of the situation. Moreover, the Rules presuppose that whether or not discipline should be imposed for a violation, and the severity of a sanction, depend on all the circumstances, such as the willfulness and seriousness of the violation, extenuating factors and whether there have been previous violations.

[20] Violation of a Rule should not itself give rise to a cause of action against a lawyer nor should it create any presumption in such a case that a legal duty has been breached. In addition, violation of a Rule does not necessarily warrant any other nondisciplinary remedy, such as disqualification of a lawyer in pending litigation. The Rules are designed to provide guidance to lawyers and to provide a structure for regulating conduct through disciplinary agencies. They are not designed to be a basis for civil liability. Furthermore, the purpose of the Rules can be subverted when they are invoked by opposing parties as procedural weapons. The fact that a Rule is a just basis for a lawyer’s self-assessment, or for sanctioning a lawyer under the administration of a disciplinary authority, does not imply that an antagonist in a collateral proceeding or transaction has standing to seek enforcement of the Rule. Nevertheless, since the Rules do establish standards of conduct by lawyers, a lawyer’s violation of a Rule may be evidence of breach of the applicable standard of conduct.

[21] The Comment accompanying each Rule explains and illustrates the meaning and purpose of the Rule. The Preamble and this note on Scope provide general orientation. The Comments are intended as guides to interpretation, but the text of each Rule is authoritative.

[4] In all professional functions a lawyer should be competent, prompt and diligent. A lawyer should maintain communication with a client concerning the representation. A lawyer should keep in confidence information relating to representation of a client except so far as disclosure is required or permitted by the Rules of Professional Conduct or other law.

[5] A lawyer’s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer’s business and personal affairs. A lawyer should use the law’s procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer’s duty, when necessary, to challenge the rectitude of official action, it is also a lawyer’s duty to uphold legal process.

[6] As a public citizen, a lawyer should seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession. As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education. In addition, a lawyer should further the public’s understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority. A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance. Therefore, all lawyers should devote professional time and resources and use civic influence to ensure equal access to our system of justice for all those who because of economic or social barriers cannot afford or secure adequate legal counsel. A lawyer should aid the legal profession in pursuing these objectives and should help the bar regulate itself in the public interest.

[7] Many of a lawyer’s professional responsibilities are prescribed in the Rules of Professional Conduct, as well as substantive and procedural law. However, a lawyer is also guided by personal conscience and the approbation of professional peers. A lawyer should strive to attain the highest level of skill, to improve the law and the legal profession and to exemplify the legal profession’s ideals of public service.

[8] A lawyer’s responsibilities as a representative of clients, an officer of the legal system and a public citizen are usually harmonious. Thus, when an opposing party is well represented, a lawyer can be a zealous advocate on behalf of a client and at the same time assume that justice is being done. So also, a lawyer can be sure that preserving client confidences ordinarily serves the public interest because people are more likely to seek legal advice, and thereby heed their legal obligations, when they know their communications will be private.

[9] In the nature of law practice, however, conflicting responsibilities are encountered. Virtually all difficult ethical problems arise from conflict between a lawyer’s responsibilities to clients, to the legal system and to the lawyer’s own interest in remaining an ethical person while earning a satisfactory living. The Rules of Professional Conduct often prescribe terms for resolving such conflicts. Within the framework of these Rules, however, many difficult issues of professional discretion can arise. Such issues must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the Rules. These principles include the lawyer’s obligation zealously to protect and pursue a client’s legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system.

[10] The legal profession is largely self-governing. Although other professions also have been granted powers of self-government, the legal profession is unique in this respect because of the close relationship between the profession and the processes of government and law enforcement. This connection is manifested in the fact that ultimate authority over the legal profession is vested largely in the courts.

[11] To the extent that lawyers meet the obligations of their professional calling, the occasion for government regulation is obviated. Self-regulation also helps maintain the legal profession’s independence from government domination. An independent legal profession is an important force in preserving government under law, for abuse of legal authority is more readily challenged by a profession whose members are not dependent on government for the right to practice.

[12] The legal profession’s relative autonomy carries with it special responsibilities of self-government. The profession has a responsibility to assure that its regulations are conceived in the public interest and not in furtherance of parochial or self-interested concerns of the bar. Every lawyer is responsible for observance of the Rules of Professional Conduct. A lawyer should also aid in securing their observance by other lawyers. Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves.

[13] Lawyers play a vital role in the preservation of society. The fulfillment of this role requires an understanding by lawyers of their relationship to our legal system. The Rules of Professional Conduct, when properly applied, serve to define that relationship.

SCOPE

[14] The Rules of Professional Conduct are rules of reason. They should be interpreted with reference to the purposes of legal representation and of the law itself. Some of the Rules are imperatives, cast in the terms “shall” or “shall not.” These define proper conduct for purposes of professional discipline. Others, generally cast in the term “may,” are permissive and define areas under the Rules in which the lawyer has discretion to exercise professional judgment. No disciplinary action should be taken when the lawyer chooses not to act or acts within the bounds of such discretion. Other Rules define the nature of relationships between the lawyer and others. The Rules are thus partly obligatory and disciplinary and partly constitutive and descriptive in that they define a lawyer’s professional role. Many of the Comments use the term “should.” Comments do not add obligations to the Rules but provide guidance for practicing in compliance with the Rules.

[15] The Rules presuppose a larger legal context shaping the lawyer’s role. That context includes court rules and statutes relating to matters of licensure, laws defining specific obligations of lawyers and substantive and procedural law in general. The Comments are sometimes used to alert lawyers to their responsibilities under such other law.

[16] Compliance with the Rules, as with all law in an open society, depends primarily upon understanding and voluntary compliance, secondarily upon reinforcement by peer and public opinion and finally, when necessary, upon enforcement through disciplinary proceedings. The Rules do not, however, exhaust the moral and ethical considerations that should inform a lawyer, for no worthwhile human activity can be completely defined by legal rules. The Rules simply provide a framework for the ethical practice of law.

[17] Furthermore, for purposes of determining the lawyer’s authority and responsibility, principles of substantive law external to these Rules determine whether a client-lawyer relationship exists. Most of the duties flowing from the client-lawyer relationship attach only after the client has requested the lawyer to render legal services and the lawyer has agreed to do so. But there are some duties, such as that of confidentiality under Rule 1.6, that attach when the lawyer agrees to consider whether a client-lawyer relationship shall be established. See Rule 1.18. Whether a client-lawyer relationship exists for any specific purpose can depend on the circumstances and may be a question of fact.

[18] Under various legal provisions, including constitutional, statutory and common law, the responsibilities of government lawyers may include authority concerning legal matters that ordinarily reposes in the client in private client-lawyer relationships. For example, a lawyer for a government agency may have authority on behalf of the government to decide upon settlement or whether to appeal from an adverse judgment. Such authority in various respects is generally vested in the attorney general and the state’s attorney in state government, and their federal counterparts, and the same may be true of other government law officers. Also, lawyers under the supervision of these officers may be authorized to represent several government agencies in intragovernmental legal controversies in circumstances where a private lawyer could not represent multiple private clients. These Rules do not abrogate any such authority.

[19] Failure to comply with an obligation or prohibition imposed by a Rule is a basis for invoking the disciplinary process. The Rules presuppose that disciplinary assessment of a lawyer’s conduct will be made on the basis of the facts and circumstances as they existed at the time of the conduct in question and in recognition of the fact that a lawyer often has to act upon uncertain or incomplete evidence of the situation. Moreover, the Rules presuppose that whether or not discipline should be imposed for a violation, and the severity of a sanction, depend on all the circumstances, such as the willfulness and seriousness of the violation, extenuating factors and whether there have been previous violations.

[20] Violation of a Rule should not itself give rise to a cause of action against a lawyer nor should it create any presumption in such a case that a legal duty has been breached. In addition, violation of a Rule does not necessarily warrant any other nondisciplinary remedy, such as disqualification of a lawyer in pending litigation. The Rules are designed to provide guidance to lawyers and to provide a structure for regulating conduct through disciplinary agencies. They are not designed to be a basis for civil liability. Furthermore, the purpose of the Rules can be subverted when they are invoked by opposing parties as procedural weapons. The fact that a Rule is a just basis for a lawyer’s self-assessment, or for sanctioning a lawyer under the administration of a disciplinary authority, does not imply that an antagonist in a collateral proceeding or transaction has standing to seek enforcement of the Rule. Nevertheless, since the Rules do establish standards of conduct by lawyers, a lawyer’s violation of a Rule may be evidence of breach of the applicable standard of conduct.

[21] The Comment accompanying each Rule explains and illustrates the meaning and purpose of the Rule. The Preamble and this note on Scope provide general orientation. The Comments are intended as guides to interpretation, but the text of each Rule is authoritative.

For decades, regulators and courts have ruled that sex with a client during the course of the professional relationship is unethical. Nonetheless, lawyers continue to flout precedent and are frequently disciplined for engaging in sexual relations with their clients.

Some cases of impermissible attorney-client sex are no brainers–such as the attorney who insists on a “legal services-for-sexual services” fee arrangement. Still, many attorneys believe that as long as the relationship is consensual, what happens between two consenting adults is none of bar counsel’s business.

That kind of thinking would be a mistake. Indeed, courts and bar organizations provide many justifications for regulating the personal aspects of the attorney-client relationship. And now the majority of jurisdictions in the United States include an outright ban on attorney-client intimacy during the course of the professional relationship.

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The ABA Model Rule 1.8(j)

In 2002, following growing recognition of a “lawyer’s gone wild” problem, the ABA adopted Model Rule 1.8(j), which imposes a per se ban on attorney-client sex. The ban carves out only sexual relationships that predate the attorney-client relationship – after all, lawyers should be free to represent their spouses.

Today, over 30 states have adopted Rule 1.8(j). Most recently, on November 30, 2018, California replaced its previous regulation on attorney-client sex with a per se ban. California’s prior rule was criticized for being under-enforced because it left too many “outs” for the lawyer–such as requiring bar counsel to demonstrate that the sex resulted in the lawyer doing something else unethical, such as providing incompetent representation. In California’s experience, the prior test was unworkable, leading to the new per se ban.

It’s About Power

The traditional ethics-based rationales behind the regulation is a realization that sex is not about sex–it is about power. Or more precisely, an imbalance of power.

Clients come to their lawyers for help in solving their legal problems.  For the relationship to work, clients must feel free to share with their attorneys their secrets, which could include very personal, intimate details of their lives.  The information is sacred and must be used by the attorney only for the client’s best interests and consistent with the client’s legal needs.

Clients are also often emotionally vulnerable when they come to their lawyers for help.  They may be facing a serious dilemma and their rights in their freedom, or their property, or their own personal or business affairs, may be at stake.  The lawyer’s number one job is to protect their client. 

Moreover, the attorney-client relationship is a fiduciary one.  The client has placed complete trust in the lawyer who is bound to act in the best interest of the trusting party.  A fiduciary relationship exists:

[w]herever confidence on one side results in superiority and influence on the other side; where a special confidence is reposed in one who in equity and good conscience is bound to act in good faith and with due regard to the interests of the one reposing the confidence; where confidence is reposed and accepted, whether the origin is moral, social, domestic, or merely personal; or where a person has knowledge and authority which he is bound to exercise for the benefit of another person.

There should be nothing, therefore, and no one, during the course of the relationship that interferes with or limits the lawyer’s professional judgment and the lawyer must be able to render candid advice to their client.  Moreover, lawyers are prohibited from engaging in conduct that involves dishonesty, deceit, or misrepresentation, and engaging in a sexual relationship with a client—with all of the trappings that come along with such a relationship—could raise a substantial question as to the lawyer’s honesty or fitness to practice.

A sexual or intimate relationship started after the commencement of the legal representation has at least the reasonable possibility of adversely influencing the lawyer’s judgment, creating a personal conflict of interest, and allowing the lawyer to use client confidential information for the lawyer’s personal advantage. 

When sex is thrown into the mix, the lawyer’s judgment could be clouded.  They could be put into the situation of having their ethics questioned—even by their own client, who may feel that they were taken advantage of, were emotionally not able to consent, or gave into impulses either because of their vulnerable state or because they believed, rightly or wrongly, that intimacy was part of the quid pro quo for the continuing loyalty and zealous representation to which they were entitled.  Thus, in addition to potentially harming the lawyers’ reputation and ability to practice, engaging in intimate relations with clients raises a non-trivial risk that the lawyer, whether intentionally or not, well intended or not, will violate one or more of the rules of professional conduct. 

Cases involving attorney-client sex arise across practice areas, although history has proven that attorneys who practice in the areas of criminal law and domestic relations have a greater chance of becoming intimate with their client.

For example, in In re Disciplinary Proceedings Against Atta, an attorney represented a client in a divorce proceeding.  During the course of the representation, the attorney told his client, whose husband had left her and married another, that the attorney had strong feelings for her and discussed one day marrying her.  Subsequently the client accused her attorney of failing to timely file her divorce papers and asserted the attorney had “taken advantage of her by engaging in a sexual relationship with her while she was in an emotional stage in her life.”            

The Supreme Court of Wisconsin found that by representing his client while simultaneously engaging in a romantic relationship with her, the attorney violated: (1) Rule 1.7(a)(2), due to the lawyer’s material limitation based upon his personal interest; (2) Rule 1.16(a) for failing to withdraw from the representation once the conflict arose; and (3) Rule 1.8(j) by having sexual relations with a client while representing her in the divorce action. Other related ethics rules also were alleged to have been violated arising from the attorney’s denial of having any sexual or inappropriate contact with the client, including during the course of the bar counsel’s disciplinary investigation and court proceedings.

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The Exception to the Ban

The comments to Rule 1.8(j) clarify that a sexual relationship that predates the formation of the attorney-client relationship are not prohibited—at least not by Rule 1.8(j).  Thus, one could under Model Rule 1.8(j0 take their lover as their client, but not the other way around—at least not during the existence of the attorney-client relationship.  The comments to ABA Model Rule 1.8 note that this exception for pre-existing relationships could still run afoul of other rules of professional conduct and warns that “before proceeding with the representation in these circumstances [of a pre-existing relationship], the lawyer should consider whether the lawyer’s ability to represent the client will be materially limited by the relationship.

Organization as the Client

Rule 1.8(j)’s comments add further gloss when the “client” is an organization, in which case the rule “prohibits a lawyer for the organization whether inside counsel or outside counsel) from having a sexual relationship with a constituent of the organization who supervises, directs or regularly consults with that lawyer concerning the organization’s legal matters. 

Ordinarily, if one attorney is conflicted from a representation, then all lawyers associated in a firm with that lawyer are also conflicted.  The exception, however, is that imputed disqualification does not apply to conduct covered by Rule 1.8(j).  The comments explain that “The prohibition set forth in [Rule 1.8(j)] is personal and is not applied to associated lawyers.

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Conclusion

A slight majority of jurisdictions in the United States expressly ban attorney-client sexual relations that commence after the start of the representation.  Other jurisdictions are still considering adding an equivalent to Model Rule 1.8(j) to their existing rules. 

There are many ways that attorney-client sexual relations may interfere with the lawyer’s professional responsibility obligations to their clients. 

Before entering into a “consensual” sexual relationship with a client, a lawyer should be mindful of the rules in their particular jurisdiction. 

Whether or not the lawyer is practicing in a jurisdiction that has adopted some version of Rule 1.8(j), if the lawyer is considering entering into an intimate relationship with a client, they should consider what is in the client’s best legal interests.  The attorney should strongly consider either referring the client to another lawyer or to refrain from entering into an intimate client relationship until the client representation has concluded.

The legal profession is under considerable strain. From an overwhelming mass of lawyers to highly cost-sensitive clientele to technology eating away at profits, law firms must focus on building their reputations if they are to survive let alone thrive. While the cornerstone of a law firm’s reputation is its legal expertise, other components come into play. Thought leadership and exceptional interpersonal relationships are two of them.

According to Frank Carone, executive partner at Abrams Fensterman and a renowned personal advisor to business owners and the wealthy, “The traditional focus on all the things that can go wrong is not going to be enough for law firms to be successful in today’s hyper-competitive environment. It’s becoming essential for law firms to be thinking ahead to show the way. The most successful law firms are thought, leaders. They need to be proactively looking for ways to help their clients become more successful. While this does involve solid risk mitigation, it also often entails combining state-of-the-art legal thinking with a strong understanding of business issues. Lawyers need to be creative and innovative in order to identify ways for their clients to excel.”

Thought leadership is increasingly important to the success of lawyers and their firms. It is essential for the content to be meaningful and insightful to the intended audiences. Problematically, most law firms fail to deliver high-value content. Moreover, in many law firms thought leadership initiatives are more regurgitation of other people’s ideas and are a form of thought fellowship.

Law firm reputations are also built in the trenches. The ability of lawyers to work effectively with clients is often paramount to building a sterling reputation. “Solid interpersonal skills are essential for lawyers today,” says Jeffrey Chiesa, co-chair of Chiesa, Shahinian & Giantomasi. “Lawyers must build trust with their clients. This is only possible when they are able to prove their expertise, when everything is transparent to clients, and when they are demonstrably efficient and reliable. It’s essential to not just meet client expectations but to exceed them. By building trust, lawyers at the law firm are building the law firm’s reputation.”

A law firm’s reputation is increasingly important in sourcing new business. So much so that it might very well be a mistake to not take steps to foster a powerful reputation. A number of factors play into this with legal expertise being primary. Meanwhile, being a thought leader and having lawyers with excellent interpersonal skills can be very effective in building the law firm’s reputation and consequently garnering new business.

When you are accused of a crime and facing a criminal charge, you don’t want to go into court unprepared. Most individuals end up losing their cases because they are unaware of their rights, legal technicalities, and proper court procedures. There is a long list of procedures to be followed when you have to go to court. So, you must seek legal assistance from a criminal defense attorney when the stakes are higher than a simple fine. Many individuals do not hire a criminal defense lawyer to save the cost and fees associated with it. But the fact is that hiring a criminal defense attorney is always a wise decision because the monetary fees of hiring a lawyer are always minimal as compared to the huge expenses resulting from losing your case. Hence, a criminal defense lawyer is necessary to have the best possible defense.

A criminal defense lawyer is well aware of the difference between all criminal cases so he can easily determine the factors and arguments that can be used to remove any charges relating to the alleged crime.

Let’s delve into some critical situations where you must seek the help of a criminal defense lawyer.

 

1.    Understanding of the Judicial System:

One of the most crucial reasons to hire a criminal defense attorney is that he has enough knowledge of how the judicial system of your country works. The legal system is complex and challenging to understand even for the people who work for it every day. Therefore, you should hire an experienced defense lawyer as he clearly understands the intricate workings and procedures of the court systems. He will guide you through the court process based on your case. Pasadena’s Criminal Lawyer has more than thirty years of experience in dealing with criminal cases.

2.    Following Proper Court Procedures:

When you have a good criminal defense lawyer in your corner, he will not compromise on your defense before even setting foot in court. There is so much paperwork involved when you are preparing to defend yourself in court and a professional criminal lawyer knows the proper way of processing your case documents. Many legal hurdles can prevent your access to the court and the prosecutor may use this fact to his advantage. Most courts dealing with criminal cases involve rigid deadlines, bottlenecks, and legal procedures that can make you negligent of your personal responsibilities. Therefore, you should have the powerful support of a well-experienced and professional criminal defense lawyer. When the prosecutor knows that he is up against an experienced and competent lawyer, you are more likely to win a plea bargain.

3.    Relationships with Prosecutors:

An experienced defense attorney has developed relationships with prosecutors after working in the legal field for years. While this may sound odd to you but lawyers have positive relationships with their counterparts as well. That is because both parties understand that they can have a better experience when they are familiar with each other. So, when you hire an experienced defense attorney, you can expect that he has developed a good relationship with your prosecutor. This relationship can prove to be useful for the outcome of your case. Their relationship may enable them to negotiate an affordable bond or a better plea deal. Your defense attorney is your spokesperson and knows how to rightly handle all the discussions and negotiations with law enforcement and prosecution. The discussion with the prosecution can often get heated but your lawyer can work to neutralize the situation. When your attorney has a good rapport and legal experience, you can rest assured that he will handle all the negotiations of your case professionally. If your lawyer has been working dedicatedly in your city, he may also be familiar with local judges and may be well aware of the best tactics to use for a particular judge when defending against the accusation.

 

4.    Better Examination of the Evidence:

Your prosecution has experts reviewing the evidence in the criminal case you are facing. So, you should also have a legal expert by your side. An experienced and competent criminal lawyer knows how to catch the evidence against you that may have been collected illegally to tamper your case. Moreover, your defense attorney knows how to deal with the witnesses who exaggerate the truth to prove the alleged crime and is able to point out any weakness in their statement immediately. Therefore, you need to hire a criminal defense lawyer to examine the evidence and witnesses presented by the prosecution. Moreover, when you hire a professional defense lawyer who belongs to a law firm, you will get support from a defense team. You can benefit from a wide range of connections your defense lawyer has with medical practitioners, private investigators, and expert witnesses. These connections can be consulted to add stronger evidence for your defense.

 

5.    Save You Money:

Although it may seem costly to hire a criminal defense attorney, you’ll actually end up saving money when you have an expert to guide you through the process. That is because when you have an expert attorney by your side, your case proceeds smoothly and efficiently. Therefore, a lawyer will reduce the amount of time your case can take to make it through the system. This can help you get back to your normal life as soon as possible. The financial considerations related to your charges can be higher as compared to the fee you pay to hire a criminal defense lawyer. Without a defense lawyer, the financial loss you bear can be higher resulting from lost income due to the time your case would take and the consequences of a potential conviction. Also, you can get a free consultation for your case from a well-reputed law firm.

 

6.    Get Expert Legal Advice:

A professional and experienced lawyer has spent years practicing law, so he knows how to deal with the charges in your case. He devises the legal ways to help defend your case. He knows how to use law in your best interests. You can rest assured that your defense lawyer has in-depth knowledge of the legal system and he is well aware of all the changes made to the law. He knows how to protect your rights from the prosecution and law enforcement. He will study your case carefully to find any evidence against you that may have been obtained improperly. He has the abilities to prove the wrong allegations with the help of strong evidence. Having your case reviewed by an expert criminal defense lawyer could lead you to have criminal charges dismissed successfully. He can easily identify the weaknesses that may exist in your case and knows the right tactics to hide them.

7.    Protect Your Future:

When you are facing a criminal charge, your life and future are on stake. Your life can dramatically change if you are proved guilty and you will have to pay high fees and penalties and spend years in prison. When you fail to defend yourself, the consequences can be serious from the inability to obtain a job to limitations on where you can live. A professional defense attorney can also help keep your criminal record clean so that it will not impact your future. Depending on your case and other circumstances, your attorney can have your charges reduces, penalties lessened, or the case dismissed. He can even help you set aside a conviction or have it removed from your record. He helps you avail the best possible options to reduce the impact a criminal conviction can have on your life.

 

8.    Get Personalized Attention:

While facing a criminal charge, you may feel like everyone is against you. You may not feel comfortable to share details of your case with the people who are close to you. When you have a sincere legal expert, you can comfortably discuss all your fears, insecurities, and everything regarding your case. Your defense lawyer will have your back. He will be there to support and guide you throughout the process. Many people suffer because of the lack of understanding of the court system and end up spending more time in jail or paying higher penalties. From not filing the proper paperwork to missing hearings, the process can be overwhelming for you to handle alone. A criminal defense lawyer understands the process when someone is arrested to the time when he or she is sentenced. That is why you need personalized attention of a criminal defense lawyer from the beginning of your case.

 

9.    Help You Consider All Settlement Options:

An expert criminal defense attorney can help you weigh all the choices you are offered from the types of charges to the plea deals options, and help you determine what’s best in your favor. He can also help you negotiate other potentially favorable options such as the possible dismissal of your case or reduction of penalties and charges. Other important options you may need to consider are whether you should accept a deal offered by the prosecution or go for the trial. Your attorney will inform you about all the potential consequences of every decision and the type of sentence you could face if you are convicted at a trial. He will also review all the outcomes of a guilty plea and can plea bargain a lighter settlement in exchange. You should not try to plea bargain without the help of a criminal defense lawyer.

78 percent of lawyers say that acquiring new business is one of their top challenges, according to a survey by Thomson Reuters Solo and Small Law Firm group. In other words, if law firm business development is difficult for you, you’re not alone.

There’s more to building a business than buying a few online ads and praying for clients. You’ll need to spend time building relationships, while also keeping existing clients happy to ensure repeat business—all of which can be more difficult than it sounds.

We’ve rounded up a few best practices surrounding client relationships, based on our webinar, Business Development Strategies for Law Firms, held by Clio’s own Lawyer in Residence, Joshua Lenon. As he puts it:

Quite frankly, a lot of your own career development centers around your ability to bring in business, so it’s something that you should be focussing on from day one.

Whether you’re starting a new practice, or just looking to brush up on your law firm business development skills, this list includes several valuable tools to build positive client relationships and ensure sustainable growth for your law firm.

Client relationships and law firm business development

For any law firm—or any business, for that matter—it’s important to focus on building strong client relationships. Happy clients will keep coming back, and they may also recommend your services to others.

There are plenty of ways to build relationships, but some approaches work better than others. If you want to build the best client relationships possible, take a look at this chart from BTI Consulting, which outlines 17 activities to consider.

Source: BTI Consulting

The two activities in the Business Magnets quadrant are less important. As Joshua says:

For the most part, your clients aren’t searching for an innovative approach. They’re not searching for a law firm that anticipates their needs, because they know that information already. They know what their needs are. So if you’re marketing yourself solely on these two features, while you might stand out a little bit, you might not be able to close the business. To close the business, you have to at least meet the price of admission.

In other words, the six activities listed in the Price of Admission quadrant outline the basic expectations most clients will have for you. Clients won’t single you out as exceptional for keeping them informed and dealing with unexpected changes, but you’ll need to demonstrate that you’re capable of these activities to close new business.

So how do you build client relationships to reach relationship bliss? According to Joshua and BTI, there are at least five things that you as a lawyer can do to keep your clients coming back:

1. Reach out with unprompted communication

Joshua states:

Unprompted communication is something that I think is really easy for lawyers to do, but so few actually do it. Reaching out to a client with an update—whether it’s significant or not—is a great way to show involvement in a matter, but a lot of lawyers don’t necessarily do this.

2. Pay attention to regional reputation management

For lawyers responsible for business development in solo, small, and medium-sized firms, Joshua notes:

You’re going to be dealing with regional clients, and they’re going to be asking their colleagues whom they turn to. If you have a regional reputation—and that can be demonstrated in a variety of different ways, whether it’s by participation in community activities, or by coverage in the local news—your ability to demonstrate that reputation will help you build a stronger relationship.

3. Offer a breadth of service

Lawyers can’t claim to specialize under most states’ ethical advertising rules, but many still fall into the trap of keeping a narrow focus and missing out on clients.

As Joshua explains:

We tend to focus on a particular area of expertise and seek clients for that. But clients are actually seeking lawyers that can handle their needs, not necessarily just your expertise.

Make sure that you’re open to helping clients, even if it means referring or handing a client off to an appropriate source for aid.

4. Demonstrate your value

As a lawyer, you need to be able to demonstrate your value. But while some lawyers charge upwards of $1,000 per hour, demonstrating dollar value can sometimes be difficult. And, clients can sometimes see lawyers as interchangeable, regardless of their skill or expertise.

That’s a problem—in that scenario, clients see cost but not value.

“You need to show the client you’re actually saving them money or time or emotional grief because they’re hiring you,” Joshua states.

5. Show a commitment to help

“You need to be able to understand the client’s business,” Joshua says. “It may be family affairs, it may actually be a business, but you need to be able to recognize what they’re actually seeking, focus on it, and demonstrate a commitment to help.”

How do you demonstrate this? Dan Pinnington does it with a simple question for clients: “What’s your greatest concern?” He finds that this forces his clients into a moment of clarity, and allows him to reassure them that he can help with their greatest worries as they apply to the matter at hand.

“Dan didn’t arrive at this question because he was told about it,” Joshua says. “He arrived at this question because that’s what worked with the clients he was seeking.”

Key takeaways

To sum up, here’s what you need to focus on to build strong client relationships for sustainable law firm business development:

• Reach out. Unprompted communication does wonders for showing your clients that you’re involved.
• Manage your local reputation. Get involved in your community to build relationships with potential clients.
• Broaden your horizons. Be ready to help anyone who comes through your door—even if it means referring them to another lawyer.
• Communicate value. Take extra care to explain how your services save your client money and/or time.
• Focus on helping. Ask your client what their greatest concern is, and show your commitment to helping with that.

There’s a lot more to successful law firm business development beyond building client relationships. Traditional networking activities and online promotion should also be part of your plan. You’ll also need to track your efforts to ensure they’re effective.