Description
At some point, every lawyer will make a mistake – and then will have to decide what to do about it. Whether sending an email to the wrong person or missing an important filing deadline, it can happen at any point in handling a client’s matter. Even a misrepresentation or misstatement to the court, opposing counsel, or other interested party could require disclosure. Sometimes these mistakes are harmless, but other times they can be of significant consequence. But the real trouble may lie with our defensive instincts – when, in a moment of panic about that error, we make a poor decision that unintentionally escalates the situation.
What exactly must or should a lawyer report when a mistake is made? Can you continue to represent the client affected by that error? Is it okay to attempt to fix the problem or hire someone else to? This webcast will explore the applicable model rules of professional conduct and how to ethically and practically respond to legal or procedural mistakes.
Join a professional responsibility professor and an experienced practitioner who previously prosecuted lawyer disciplinary cases as they discuss:
- Why deceit and dishonesty don’t fix the problem
- What duty you have to keep clients reasonably informed about the status of their matter (MRPC 1.4) and what kinds of mistakes must be disclosed
- How to best handle notification and to whom
- What corrective actions you can seek out and how best to protect your client’s interests
- Whether malpractice insurance plays a role
- What you should know before settling pre-claim
- How to avoid future mistakes