Ethics Consultations and Expert Services

Ethics Opinions and Expert Witnesses

Every lawyer faces an ethical “what should/can/must I do now?” question sometime in his or her career. It is part of what makes the practice of law so interesting. But it can also add additional layers of stress in a profession that is already highly demanding.

Ethical Dilemmas Are Never Simple

The issues that arise are endless. What if your client has not paid you in months but you are not sure if you can ethically withdraw? Or if there is money in your trust account that you believe you have earned but your client disputes that? What if you are facing a deadline to file a declaration that must be signed by your client but you can’t locate her? Or if you discover that a lawyer in your firm who has been making vague comments about a “career change” has been soliciting clients of the firm? Or if you cannot decide whether obtaining a conflict of interest waiver will be sufficient to shield you from an ethical violation?

The Maze of Rules, Court Opinions and Informal Opinions

The Washington Rules of Professional Conduct (including comments) are 100 pages long (single spaced). It’s hard to keep track of all of them, not to mention the constant updates and changes. Sometimes the rules do not address a specific ethical issue, but court cases, advisory opinions or treatises might. Having the experience and perspective of an attorney who has been thoroughly versed in the Rules of Professional Conduct, and the case law and ethics opinions interpreting them, for more than twenty five years can be an essential asset.

Ethics Consultations

Many ethical questions are best resolved early, with a prompt and confidential consultation. I can help you identify the governing rules, case law and ethics opinions, weigh your options, and decide on a course of action before a problem escalates. I handle all kinds of ethics matters, including conflicts of interest, confidentiality issues, fees and trust account questions, withdrawal from representation, misrepresentation, improper supervision, frivolous filings and unethical litigation tactics. I have particular expertise and interest in the ethical challenges of immigration practice.

Written Ethics Opinions

When you need more than verbal advice, I can prepare a written opinion letter analyzing your ethical issue under the Washington Rules of Professional Conduct and the authorities interpreting them, giving you a documented basis for your decision.

Ethics Expert Services in Contested Matters

When a lawyer’s professional conduct is at issue in litigation or another contested proceeding, I can serve as a consulting or testifying expert on legal ethics. Drawing on 27 years of investigating, trying and advising on lawyer discipline matters and the Rules of Professional Conduct, I can help counsel evaluate the ethics issues in a case and, where necessary, provide expert testimony.  I have appeared as an expert in Courts throughout Washington.