As the Heat Bears Down, Beware of Lawyers' 'Seven Deadly Sins'
Your guide to avoiding the temptations of sloth, pride, lust, wrath, gluttony, greed and envy.
August 15, 2019 at 04:53 PM
38 minute read
Editor’s Note: It was winter when Shari L. Klevens and Alanna Clair, the authors of the “In Practice” columns on legal ethics, proposed writing a series on “The Seven Deadly Sins of Lawyers.”
I liked the idea a lot. Like everyone else, lawyers are susceptible to greed, envy, pride and the rest, and it had a catchy title. Shari and Alanna, partners at Dentons, wrote their articles, and we published them every two weeks between January and April.
I wondered if the series might have more punch if it were packaged together, and amid the heat and humidity draping Atlanta this week, the time seems right to republish the pieces.
Researchers have posited for years a “heat hypothesis,” suggesting people are more aggressive during sweaty days. So if the temptations in a legal practice are extra hard to avoid as well, I present to you, below, Shari and Alanna’s thoughts to cool things down.
–Jonathan Ringel
Legal malpractice claim avoidance and compliance with ethical norms constitute a significant portion of the practice of law. Many firms have attorneys and professionals solely or at least partially dedicated to addressing and resolving potential risks to the practice.
As we begin a new year, the next several articles in this space will address the Biblical “seven deadly sins” through the lens of legal practice: sloth, pride, greed, lust, envy, gluttony and wrath. Even where lawyers and firms take special steps to prevent claims or comply with their ethical obligations, attorneys and firms still create risks for themselves by failing to answer to the better angels of their nature.
Although lawyers, as a profession, are considered to be detail-oriented and hard-working, some common mistakes made by lawyers are a result of a lack of attention. Indeed, attorneys can inadvertently fall into traps or routines in their practices that could increase potential exposure.
Here are some tips for how attorneys can overcome “sloth” and be vigilant about their responsibilities.
Be Aware of the Duty of Competence
Rule 1.1 of the ABA Model Rules of Professional Conduct provides: “A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” This is comparable to the typical standard of care owed by attorneys to clients, which, in most states, requires attorneys to exercise the care or skill commonly employed by other attorneys in similar conditions.
To that end, the standard of care owed by attorneys to clients evolves over time. The law changes, technology changes, and what an attorney is expected to know about those subjects changes over time. Thus, attorneys who do not undertake the effort to stay abreast of developments in the law or practice do themselves a disservice.
Many states recognize this need for attorneys to continue to learn about the law by requiring a number of hours each year dedicated to continuing legal education. Even for those states without any CLE requirement (or with a lower requirement), admitted attorneys may still seek out hours of training every year. Such training not only helps attorneys meet their ethical obligations of competence, but it can even be a business development tool for attorneys to attract clients and work.
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