June 18, 2013 | The Legal Intelligencer
Requesting recusal is the best option when litigating against a family court masterI practice in a county where there are part-time masters and conciliators in family court. Sometimes, while having cases before the master or conciliator, I am also litigating against that person in unrelated family court cases. Is that permissible?
By Samuel C. Stretton
8 minute read
October 23, 2012 | The Legal Intelligencer
A lawyer has no duty to violate attorney-client privilege by informing a court that a client's financial situation has changedI am handling a court-appointed case on appeal for a client. The client also hired me on a personal injury case. I have just gotten a nice settlement for the client. Do I have to tell the court-appointed system that the client no longer qualifies for indigent representation?
By Samuel C. Stretton
7 minute read
September 04, 2012 | The Legal Intelligencer
Lawyers are Obligated to Make Clear What Information is PrivilegedI am a corporate counsel. Most of my communication, particularly in-house, is through email. As the in-house counsel, I give both legal advice and business advice, when asked. Are my emails covered by attorney-client privilege?
By Samuel C. Stretton
7 minute read
October 09, 2012 | The Legal Intelligencer
Nonrefundable fee clauses do not give attorneys license to keep large sums of money for doing nothingI am an inmate in a state correctional institution. I hired a lawyer and he wanted a $50,000 retainer. I paid him half the retainer. I had two preliminary hearings and he did not show up. Because he didn't show up, I then fired him. I requested a refund of the fee. He refused, saying he had a nonrefundable fee clause. Does that protect him from keeping the funds?
By Samuel C. Stretton
8 minute read
February 19, 2013 | The Legal Intelligencer
Lawyers must recognize when their skills are deterioratingI am a lawyer in the latter part of my 60s and I intend to keep practicing, hopefully for a number of years. What are the ethical considerations an older lawyer or senior member of the bar must think about?
By Samuel C. Stretton
12 minute read
July 31, 2012 | The Legal Intelligencer
Lawyers must be careful to avoid ethical breaches when interacting with judges in social settingsI am in a small county where oftentimes the bench and the bar socialize at various functions or see each other at restaurants, etc. What do I do if the judge, in casual conversation, raises a case where I am representing a party?
By Samuel C. Stretton
7 minute read
June 12, 2012 | The Legal Intelligencer
Lawyers must learn to balance their duty of zealous advocacy with their duty of candor to the court.Lawyers must learn to balance their duty of zealous advocacy with their duty of candor to the court.
By Samuel C. Stretton
6 minute read
July 20, 2010 | The Legal Intelligencer
When non-lawyers sign on firm letterhead, they must be clearly identified as non-lawyers.I have been corresponding with a law firm that emphasizes collection work. The person I am corresponding with has the same last name as the lawyer in the letterhead. The person signs the letterhead and responds and sends me letters. I just discovered the person is not a lawyer. Is there anything illegal about what is going
By Samuel C. Stretton
6 minute read
June 28, 2011 | The Legal Intelligencer
Questions and Answers on Professional ResponsibilityI am involved in litigation and I discovered the attorney for the other side has a blatant conflict of interest. The conflict goes against his own client. Is it my obligation to reveal this?
By Samuel C. Stretton
8 minute read
January 22, 2013 | The Legal Intelligencer
Lawyers can't represent their clients' opponents in another matterI represent Client A against Business B. Business B now wishes to hire me on a matter totally unrelated to my representation of Client A. Can I do so?
By Samuel C. Stretton
11 minute read