“Sue me if I play too long…this brother is free.”
                          --Donald Fagan, Steeley Dan

 

    Entering the new blog world, lawyers tread cautiously due to the general historical regulation of our trade. So lawyers are forewarned that we are to abide by the rules of ethics and it occurs to me that clients may not be aware of what the ethical standards that apply to attorneys are. As such we will introduce some of the more relevant Model Rules of Professional Conduct that govern our profession, our business and this web site.

EBM&D: Accordingly Ethical Attorneys

Model Rules of Professional Conduct[1] 

Information About Legal Services
Rule 7.1 Communications Concerning A Lawyer's Services

    A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.[2]

Transactions With Persons Other Than Clients
Rule 4.1 Truthfulness In Statements To Others

    In the course of representing a client a lawyer shall not knowingly:

(a) make a false statement of material fact or law to a third person; or

(b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.

    In an age of hopeful transparency, the Massachusetts and New Hampshire attorney has an obligation to tell the truth to people outside the scope of representation. Attorneys then are required to choose their words carefully and reflect on questions making sure that all circumstances are evaluated before rendering an opinion.

    So, the EBM&D Blog can in no way be construed as legal advice to any reader, it cannot possibly be used as such, since no lawyer can know the circumstances of a particular matter presented until they have fully explored an evaluated the case completely and thoroughly.

 

Two Tips on How to Hire an Attorney in Massachusetts and New Hampshire

    A Law firm should always attempt to evaluate a client’s case by exploring the legal issues in the context and circumstances of their life; and improve a client’s quality of life and business. A law firm or attorney rarely can do an evaluation quickly -- in a phone call, an email or even a brief free consultation. A firm seeks to open a dialogue as to the needs of a personal or business client.

    Getting legal advice is not hard to do; but it is more complicated than you think.

    The following is probably not a good way to get advice from a lawyer.

1. Call him or her on the phone, provide no information but ask a particular question and expect to get an answer.

    Many of the legal issues that face a client are related to non legal situations and it takes time to explore how those circumstances impact your legal situation and will define an ultimate solution. As lawyers, we see situations and people moving through their daily lives unaware of some of the legal implications of their actions. We have been trained not to conclude too quickly because the facts and circumstances of the situation you are in – any situation -- is critical to a fair assessment and ultimate judgment of your case.

2. The Loaded Question rarely has a simple answer.

    The client asks. “So, can I win my case?” The loaded question usually has a complicated answer. It will start with “It depends…” Give the Attorney a chance to boil things down to more critically evaluate your situation, that is what they are trained to do. If you’re getting a quick answer it is probably not legal advice that should be relied upon.

 

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[1]See the American Bar Association Website devoted to the Model Rules of Professional Conduct that have been adopted in Massachusetts and New Hampshire at www.abanet.org/cpr/mrpc/rule_4_1.html

[2] [1] This Rule governs all communications about a lawyer's services, including advertising permitted by Rule 7.2. Whatever means are used to make known a lawyer's services, statements about them must be truthful.

[2] Truthful statements that are misleading are also prohibited by this Rule. A truthful statement is misleading if it omits a fact necessary to make the lawyer's communication considered as a whole not materially misleading. A truthful statement is also misleading if there is a substantial likelihood that it will lead a reasonable person to formulate a specific conclusion about the lawyer or the lawyer's services for which there is no reasonable factual foundation.

[3] An advertisement that truthfully reports a lawyer's achievements on behalf of clients or former clients may be misleading if presented so as to lead a reasonable person to form an unjustified expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case. Similarly, an unsubstantiated comparison of the lawyer's services or fees with the services or fees of other lawyers may be misleading if presented with such specificity as would lead a reasonable person to conclude that the comparison can be substantiated. The inclusion of an appropriate disclaimer or qualifying language may preclude a finding that a statement is likely to create unjustified expectations or otherwise mislead a prospective client.

[4] See also Rule 8.4(e) for the prohibition against stating or implying an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law.