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Any Wichita or KC peeps in this bowl?
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A LONG time ago, I was fired from a job after I refused to put my name on a document that I knew was frivolous and would be sanctioned. (It was & I get pleasure knowing their firm imploded 2 years later… Karma don’t play about her favorite daughter, me).
It took years to realize though that them giving me that assignment was part of a pretext they wanted to use to fire me anyway. A powerful Partner telling you to engage in the unauthorized practice of law is likely the pretext they are using to get rid of you. Now, there may be some caveats & you cd be wrong in your assessment of whether they crossed the ethical line. For instance, if the case is pending in federal court you have more leeway to cite or “accord” to cases that are federal, but in other circuits. Also, at least in NY or CA courts, while you couldn’t directly cite to cases from other jurisdictions you could use them if you’re trying to make it clear to the court how other jurisdictions are handling a particular issue. It’s not clear from your post if the issue involves these scenarios. But when it comes to ethical issues, this is your license on the line, these firms don’t GAF about you at the end of the day. Approach things with this in mind.
I could def. be wrong about my assessment! But the fact that he wouldn’t use his signature instead of mine and he was genuinely upset didn’t quite sit well with me.
But his reaction really threw me off. He proceeded to lecture me… that I was reading the rule wrong but he was also confused, and that we do this all of the time, and blah blah. I told him he should sign off on the docs (not filed in a court) then. He would not. He told me to finish another matter where we have local counsel involved and I would be done with this client.
He is a decently powerful partner. I am a second year attorney and have been at the firm 7 months. Any steps I should take to protect myself?
Document everything. I'd send an email summarizing the situation
Anything that can directly lead to litigation and be used, I caution signing off on if it’s in a different jurisdiction.
The fact that he didn’t want to sign his name but have you sign your name and then to be so upset about it— huge red flag!!
Good for you for standing up for yourself.
Here is a little bit more color on the situation: https://joinfishbowl.com/post_n2r2bc5tt6
Oof I don’t blame you — good on you for protecting your license. It may be fine and dandy now but if that matter goes to shit you’ll be glad you’re not involved later.
I still wonder how corporate lawyers can advise on Delaware law without being barred there.
Out of curiosity, what was the work/project?
Write a demand letter for breach of contract, engage in settlement discussions, and draft the agreement. Arbitration if no settlement which I would not handle. I dropped a link below with more details on the situation. I found a few disciplinary opinions saying these actions are considered ‘practice of law’ in Florida, and none of the ‘temporary basis’ exceptions clearly apply to my situation. I could totally be wrong though! But I rather be wrong than lose my license.
The rule is super nuanced and state-specific.