Treat Every Case Like It’s Your Model Case
At the very beginning of our careers, we all had that first case that was ours. A case that wasn’t being supervised, micromanaged or handled by someone else, more than likely, a senior attorney with more “experience.” We approached the matter with zeal and energy to ensure that every “t” was crossed and “i” dotted because this was our case. Then, through the natural progression of practicing law, we gained experience and became more confident in our ability to decipher the intricacies of practicing law, addressing the needs of clients and navigating the litigation process. However, it is important to appreciate that with experience comes responsibility and a dedication to professionalism to ensure that we avoid the traps of complacency and familiarity.
In order to fully appreciate the risks of complacency and familiarity in the practice of law, it is first necessary to define the terms to fully comprehend their inherent presence in the day-to-day rigors in the legal profession. “Complacency” is a sense of satisfaction or contentment, especially when coupled with an unawareness of trouble or controversy. “Familiarity” is simply the quality or state of having a good knowledge of something that leads to an arrogant self-confidence. Familiarity and complacency cause lawyers to: (1) do things that they shouldn’t and (2) not do things that they should. This creates risk that eventually results in a grievance, claim or suit against the attorney.
Below is a list of the most prominent ways in which attorneys fall trap to the risks of familiarity and complacency.
1. Not sending engagement and/or disengagement letters
2. Taking a casual approach to checking/clearing conflicts
3. Having inappropriate relationships with their clients
4. Taking a casual approach to written communications
5. Failing to memorialize important things
6. Neglecting to consult clients about how to handle the matter
7. Witholding bad news and/or adverse events
8. Taking on matters they are not competent to handle
9. Being chatty with confidential information
10. Being relaxed with deadlines and court directives
Remember, that while you may have been involved in hundreds or thousands of matters over the span of your legal career, the client will inevitably have less experience in litigation or legal matters and will look to you as the professional to assist in meeting their goals. It is critical to appreciate that there is no diminution of your duties as an attorney, regardless of your friendship or long-term relationship with the client. As a simple rule of thumb for your entire career, treat every client with as much enthusiasm, professionalism and degree of service as you treat a brand new client whom you are trying to impress.
Legal Update for Lawyers’ Professional Liability – January 2023 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2023 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.