Through the right client intake procedures, most incompatible clients can be avoided. However, on occasion, irreconcilable differences can pop up and with irreconcilable differences come risks of withdrawing from a case.

If you need to withdraw from a case, it is critical to attempt to minimize the possible adverse effect on the rights of the client and the possibility of prejudice to the client. The manner and means of terminating a relationship can affect the likelihood a malpractice claim will be filed.

Considerations when Withdrawing from a Case

Even when a withdrawal is justifiable, a lawyer should:

• Give due notice of withdrawal
• Suggest engaging other counsel
• Deliver all papers and property to which the client is entitled
• Cooperate with counsel subsequently employed
• Attempt to minimize the possibility of harm to the client

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Traditionally, law firm communications have been limited to meetings, letters, phone calls and emails. But like most people, you probably prefer a quick text to a more disruptive call. Research says 32% of people prefer a text to a call, and you may have already made a habit of texting with clients for quicker communication.

Texting offers lawyers a way to save time during the day, get quick answers from busy clients and impress on clients the fact that you are friendly, accessible and committed to a great representation.

Texting is a great medium for scheduling, reminders and other quick communications. However, improper text communications pose a substantial risk exposure for lawyers and law firms. So if you text your clients, follow these best practice tips for texting clients.

1. Set […]

With the popularity of social media, a great deal of information that was once considered private has now been made public. Millions of people use social media platforms to share their photos, thoughts and activities. For lawyers, information disclosed on social media can often be important evidence in legal proceedings. But there are ethical considerations concerning when and how social media may be used as evidence in a court of law.

Lawyers need to consider whether using social for evidence may be an ethical breach in the context of a particular case. Snooping on opposing parties, witnesses or jurors through social media may provide much information, but the way a lawyer gains access to such information can be deemed unethical, which could lead to a claim.

Rules of Communications with Non-Clients

Unfortunately, […]

More and more, scammers are targeting lawyers by sending forged emails to law firms, clients and financial institutions. The wire fraud scams typically involve a compromised email account, which can be the lawyer’s, the client’s or even the bank’s. Scammers monitor the account to uncover pending transactions, such as a real estate purchase, a loan or the settlement of a lawsuit.

At the appropriate time when the parties are expecting a request for funds, the hackers (who often know exactly how much money is being transferred) will send wire instructions.

The funds are immediately swept from the account, and the hackers disappear. The emails usually originate from an address that appears to be from a legitimate sender but uses a slightly altered domain name.

Sometimes the scammer will request a change to […]