Instead, consult higher-ups at the law firm orally about the mistake. Such at least is the advice attorneys are getting, per the ABA Journal (channeling New York Lawyer). Perhaps it’s time for a “Sorry Works” movement to encourage errant lawyers to do the right thing?
{ 2 comments… read them below or add one }
Interesting link. They say that the communication would not be privileged since both parties have a fiduciary duty to the client so it is better NOT to put it in writing.
Can anyone come up with a reason for this that is not based on avoiding being caught violating the ethical obligation to the client? Written or Oral, the communication took place. I didn’t go back and read the original article from New York Lawyer. Perhaps it was titled “5 Easy Ways to Cheat Your Client Without Getting Caught”
I wonder if they suggest billing for both your time and your higher-ups while consulting on how to avoid taking the fall?
Standard practice in any business.