Even experienced attorneys can make seemingly small decisions that create significant ethical, financial and professional liability risks. In Dumb Things Smart Lawyers Do, attorney risk-management lawyer Noah Fiedler examines common mistakes lawyers make in everyday practice and the practical steps attorneys can take to avoid them. The CLE program explores how thoughtful risk management can protect clients, attorneys and law firms while promoting safer and more effective legal practice.
The course begins with two fundamental areas of risk management: documenting the attorney-client relationship and communicating effectively with clients. Attendees will examine the communication requirements of Model Rule 1.4 and consider the risks created by increasingly informal electronic communications, including text messages and emojis. Through South West Terminal Ltd. v. Achter Land, the program illustrates how something as simple as a thumbs-up emoji can potentially carry significant legal consequences.
By the conclusion of this course, attorneys will be able to:
* Identify common attorney practices and decisions that create unnecessary ethical, malpractice and professional liability risks
* Apply effective documentation and client communication practices consistent with professional responsibility obligations
* Recognize financial fraud warning signs and implement safeguards when receiving, holding and disbursing client or third-party funds
* Evaluate ethical responsibilities when clients become unavailable, attorneys discover errors, or circumstances threaten a client’s legal interests
* Distinguish between mandatory and permissive withdrawal and identify the lawyer’s continuing obligations when terminating representation
* Recognize emerging risks associated with generative AI and incorporate appropriate risk-management practices into legal representation
The program also addresses some of the more difficult situations attorneys encounter during representation, including suspicious financial transactions, trust-account disbursements, missing or unavailable clients and mistakes made during representation. Through practical scenarios involving a counterfeit cashier’s check and unavailable clients, attendees will explore how seemingly routine decisions can quickly create ethical and malpractice exposure. The course also examines an attorney’s responsibility to communicate material errors and address potential conflicts when a lawyer’s own interests may diverge from those of the client.
Finally, attendees will examine the ethical considerations surrounding withdrawal from representation, including the distinction between mandatory and permissive withdrawal under Rule 1.16 and the lawyer’s continuing obligation to protect client interests after representation ends. The program concludes by considering emerging risks associated with generative AI and identifying resources attorneys can use when confronting difficult ethics and risk-management questions. Noah Fiedler is a shareholder at Barron & Newburger, P.C., where he serves as a co-leader of the Attorney Risk Management Practice Group and heads the firm’s Wisconsin office.