Ten Things You Need to Know About Ethics and that
Complaint Letter
from the Office Of The Disciplinary Counsel
1. Schizophrenia is epidemic.
Your favorite client, the one that always pays the bills early, can turn into your worst nightmare before your eyes. Consider every client a potential claimant, and cover your derriere.
2. Favors don’t count.
You know those cases you take "as a favor" for a friend? The ones that are really not in your area of expertise but. . . Those are the ones that most likely to become problems somewhere down the line. Think twice before saying "yes."
3. Trees may be sacrificed.
We can grow more trees. Forget everything you ever heard about conserving paper. Keep records of everything, copies of everything, notes on everything, write CYA letters for everything. I know you won’t actually document everything, but if you try, you’ll be miles ahead when the time comes to try to reconstruct what you did.
4. Fudge is sticky.
Don’t lie to your client, not even a little. If you fudge on the facts in any way at all, I promise you that you will create a sticky mess that you may not be able to get out of. Don’t tell him you mailed the letter today if you are planning on mailing it today; tell him you are planning to mail it today. As sure as you tell him you mailed it (and you really mean to mail it), some crisis will occur and you won’t get it done today. Or tomorrow. Or over the weekend. It gets sticker and sticker.
5. The money is not yours.
It is called a "Trust Account" for a reason. None of the money in that account is yours, not a penny. It doesn’t become yours until you transfer your fees and costs reimbursement to the operating account. Then, and only then, is it yours. Even if you leave earned attorney’s fees in the account (which you aren’t supposed to do), it still isn’t yours until it comes out. I know you think that there is an exception for your particular facts, but I promise you, there isn’t.
6. It won’t go away.
We all have experiences where we have ignored things and they went away. A letter from Disciplinary Counsel isn’t one of them. I know you don’t want to open the envelope, but you have to. Oh yeah, there’s a time limit, too.
7. Fools rush in.
You’re upset and angry. The first instinct is to grab the dictaphone and hastily spew out a harsh letter for your assistant to type, since you recall everything "just the way it happened." You sign the letter and away it goes. Big Mistake. This is when things begin to unravel.
8. Fudge is sticky.
Don’t fudge with Disciplinary Counsel. Just as with your client, one small fudge on the facts gets sticker and sticker as you go along. If you say anything at all (the 5th Amendment is probably available to you here, authorities are split on that), be accurate.
9. It’s not a duck.
I was taught all through law school that if it walks like a duck, sounds like a duck and acts like a duck, then it must be a duck... Well, this is THE exception. Disciplinary counsel will offer you coffee, exchange small talk, compliment your tie. Remember, no matter how nice he is, disciplinary counsel is not your friend.
10. Take your Prozac.
Whatever coping mechanisms you have developed through your lifetime, pull them out now. Whether it’s Prozac, endorphins, the love and support of your family or lover, Godiva chocolate or all of the above, make time for it. Find someone to help you through this. You’re not objective, and it’s not a good idea to try to handle this all by yourself. Most important to remember: This is not the end of the world. You’re a gifted, intelligent person, and you’ll be okay.