Crazy ethics issue. Client 1 has VPO against man who later becomes Client 2. This is the 4th VPO this year, previous ones dismissed.

In the meantime, State has filed rape charges against man who becomes Client 2 and A/B charges against Client 1. Client 1 also files for divorce.

Clients reconcile (which is how they both end up clients...) and want VPO dismissed, divorce dismissed, and criminal charges dismissed.

DHS gets involved and want to remove the child from Client 1's custody. (1/2)

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DHS contends mom is in an abusive relationship cycle and cannot protect the child. THIS IS CLEARLY CORRECT. DHS even substantiated a threat of harm against Client 2.

But clients want to be reunited and be a "family."

So we are representing both people despite what I think are some VERY clear ethical (and moral) concerns. My boss didn't listen to me and now I have to advocate for both of them when I seriously believe Client 1, and more importantly the child, is a danger.

We shouldn't be doing this!! (2/2)

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Rumor has it the DA and Judge might be making a stink. What's my exposure? My name is on some of the pleadings, but I did everything at my boss' direction.

Save the emails where you advised against it and have them on an usb or somewhere on your personal computer. If havent, send email now and mention past convo and ask if youre withdrawing now. Then save that and the response as described above. Also, save any invoices that reflect billing entries related to this. A lot of jurisdictions have a requirement that an attorney report when they know an ethical violation has occurred. So word such email that you think....not you know. If you know, you should have reported.

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Additional Posts in Attorney Ethics

Great concept for a bowl! Here’s an ethics question/issue I struggle with — the application of the attorney no-contact rule in a governmental setting — e.g., when an attorney represents a resident on a matter and the attorney tries to deal with the relevant department even after the matter has been referred to the law department. Courtesy and professionalism may dictate that the attorney go through the law department, but I’m not sure it’s required by the rules. Anyone have experience with this?

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Referrals are, for many, our bread and butter. Some attorneys often encourage clients and prospective with positive relationships to leave reviews on platforms like Avvo and Justia. Others avoid this like the plague due to the implications and risk of receiving, and more so responding to, bad reviews.

We know against the rules to incentivize through compensation referrals from your clients; however, what do you do or where do you limit incentivizing clients to make referrals, if at all?

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A female friend of mine recently received a settlement in a sexual harassment action against her employer during mediation. Upon receiving her (female) attorney’s final bill she was blown away to discover that her attorney charged her almost five times what the attorney estimated she would charge for the mediation. (The attorney was drinking alcohol during the Zoom mediation and settled for far less than she estimated she would get.) [continued below]

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We know some jurisdictions out there still have rules that think the digital age is the same as it was in the 90’s, so with how much work is being done remotely lately, what are your biggest ethics concerns? Have any ridiculous ethics opinions that have made you facepalm at how dated our practice can be sometimes?

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