The Ethical Personal Injury Lawyer

Topics:
Case Management
Tags:
Attorney,
Business Ethics,
Client,
Ethics,
Lawyer,
Leadership,
Management
Source:
Koonz, McKenney, Johnson, DePaolis & Lightfoot

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Overview: Ethics are as tantamount in an effective personal injury practice as any other component of the lawyer’s practice. Ethics should be rudimentary for each trial attorney, with the trial attorney complying with ethics in every aspect of his or her practice. From the infancy of a client’s case to the successful or not so successful resolution of the client’s case, ethics should be ingrained in the mind of the skilled trial attorney. The attorney should conform to ethics in all stages of representation or consultation with a client; during the signing of a fee agreement, the representation of the client, the discovery process, and during trial. Ethics comes into play at the outset, when considering whether to represent a new client. A common ethical problem facing trial lawyers is the request of representing two or more clients in litigation. This dual representation poses a problem only where the multiple clients may take on differing positions in the lawsuit. If the trial attorney decides to represent more than one client in regards to the same transaction or occurrence, then that lawyer must invoke ethical considerations. One out of every ten lawsuits goes to trial, where the settlement negotiation process occurs outside the courtroom. The client is the ultimate determiner of settlement. Settling the client’s case without communicating the offer and receiving consent by the client to accept the offer results in disciplinary proceedings. The rules of ethics apply to all stages of litigation, including settlement and trial. An ethical lawyer will do well, while doing good.

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Format: HTML | Date: Jan 2003 | Pages: 1

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