Topic 1: Hoarding and Dabbling

Nicole and Tyler discuss the risks for lawyers of hoarding work and dabbling outside one’s practice area.

• What are "hoarding" and "dabbling"?
• Why does hoarding and dabbling by lawyers increase legal malpractice liability?
• Why might lawyers be tempted to hoard or dabble during the current COVID-19 crisis?
• What can law firms can do to minimize the risk of hoarding and dabbling?

Topic 2: Doing Business With Clients, Part 1: Renegotiating Legal Fees

This is the first installment of a three-part series on doing business with clients. We will cover Parts 2 and 3 of this series in our next episode of the podcast.

In Part 1, Nicole and Tyler discuss:

• The fact that lawyers may face pressure to renegotiate fee agreements with clients, particularly during the current health and economic crisis;
• Whether renegotiating a fee arrangement constitutes a business transaction with a client, subject to Rule 1.8(a) of the New York Rules of Professional Conduct;
• New York State Bar Ethics Opinion No. 910, which discusses factors that are relevant to whether a fee negotiation constitutes a business transaction with a client;
• Complying with Rule 1.8(a) when entering into a business transaction with a client, including ensuring that:
• the transaction is "fair and reasonable" to the client;
• the terms of the transaction are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client;
• the client is advised in writing of the desirability of seeking, and be given a reasonable opportunity to seek, the advice of independent legal counsel on the transaction; and
• the client gives written "informed consent" to the essential terms of the transaction and the lawyer’s role in the transaction, including whether the lawyer is representing the client in the transaction.

Case Notes From Captivity

Tyler’s Case Notes: Tyler is revisiting a pastime from his youth – learning how to play the piano. He is finding YouTube to be a great resource for teaching yourself how to play the piano.

Nicole’s Case Notes: Nicole was excited to learn that the movie version of Hamilton – the Broadway musical – is slated for an early July 3, 2020 release on Disney+. You can read more about that here. Nicole also recommends listening to the Hamilton cast album on Spotify, Amazon, Apple Music, or your own favorite streaming platform. If you’re really ambitious, you can read the biography of Hamilton by Ron Chernow, on which the musical was based.

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For more information about attorney ethics and professional responsibility, please visit our blog.