Posts Tagged ‘Attorney-Client Relations’

Attorney-client privilege’s crime-fraud exception in family court

The recent FBI search of the records of Michael Cohen, President Trump’s attorney, has raised issues of attorney-client privilege and the crime-fraud exception to that privilege. Attorney-client privilege is the client’s right (and the attorney’s obligation) to shield a client’s disclosures to the attorney and that attorney’s advice to the client from exposure to others […]

What’s the question(s) you fear the most?

A colleague, after watching a recent presentation I did on trial preparation, emailed me his appreciation. Part of his comment, “My favorite nugget: ask my client what question does he dread being asked on the stand.” That idea was indeed a “nugget” in my presentation–something I mentioned briefly without elaborating. In my own trial preparation […]

The (un)likeable lawyer

Recently I took over representation in a divorce case from a younger, less-experienced attorney. That attorney sought my advice on what I thought she should have done differently. Being the mentoring type, I suggested she drop by the next time she was in my neighborhood and we could discuss it. Thus we met last week […]

Getting bossy with custody clients

I have a saying that custody cases are the rare litigation in which it is acceptable for an attorney to change the facts.  While the parties’ parenting skills at the beginning of the case are relevant, their parenting skills at the end of the case can be even more relevant.  Guiding a client to change […]

In praise of opinionated lawyers

Folks who know me well–and even some who don’t–consider me the most opinionated person they know. I accept their judgment. Given something I’ve thought about, I have an opinion on it. Who makes better queso fundido: Minero or Pancito & Lefty? Having finally eaten a both, I now have an opinion. Which beach is better: […]

Keeping smart people from doing stupid stuff

When I attended law school no one informed me that I would spend a substantial part of most days talking smart people out of doing stupid stuff. Lessons in best practices doing this could have been one of my more valuable practimum experiences had anyone thought to teach this. It seems to be the lot of most […]

Giving it away

When I mentor newly licensed attorneys, one of the more important lessons I try to impart is that they should be clear about when and why they are doing unpaid work and insure they get paid for their remaining work. This isn’t intended to denigrate doing uncompensated work for the public good: for both ethical […]

Don’t expect the other side to pay your attorney’s fees

Folks going through marital litigation–and, less often, folks going through custody disputes– often contact me regarding representation with the expectation that the other side will be required to pay my fee and the concurrent hope that I will work without an initial retainer (or for a low retainer) based upon that expectation. These litigants assume […]

 

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