Washington Lawyer - November/December 2020 - 5

YOUR VOICE

COMMUNITY * CAREER * PROFESSION * PRACTICE MANAGEMENT * SERVICE

THE DISTRICT OF COLUMBIA BAR MAGAZINE

SEPTEMBER/OCTOBER 2020

Legal Education

BAR EXAM
UPHEAVAL

Patrice Gilbert Photography

REIMAGINED

DELAYING FUTURE HARMS
I appreciate the insights provided by
Stephen Lott, Chit Yuen Yi, and Aaron Dumas
(September/October 2020 issue) into the
psychological factors that help explain why
clients sometimes ignore counsel's advice. But
I would add another factor - the potential
career impact on client decision makers.
Companies are not monolithic. Managers and
executives who must decide whether to follow
advice of counsel have their own career
agendas.
When looking at the sunk cost fallacy, the
"significant investment" that causes people
to "have trouble pulling away from a particular
cause of action" may not just be economic;
it may include the decision maker's credibility
and status (and potential career path). And
managers who discount future harms because
they are delayed and uncertain may be motivated by the short-term targets necessary to
keep their jobs: "I need to make my numbers
this quarter; if we have a problem in a few
years, my successor will have to deal with it."
Fred Geldon
Rockville, Maryland

ON BAR EXAM UNCERTAINTY
I read your bar exam article with great interest
and congratulate you on an excellent write-up
("Re-envisioning the Bar Exam," September/
October 2020 issue) on a topic that changed
on a weekly basis over several months locally
and nationwide. As your article is now in print,
it is ironic that uncertainty lingers about
diploma privilege in D.C. and elsewhere and
the soundness of software platforms for the
remote exam. The good news for 2020 exam
takers is that there is reciprocity now between
D.C. and so many states for that special online
exam, even though it is not designated as a
UBE exam that confers a portable score from
the National Conference of Bar Examiners. The
next challenges are the February and July 2021
exams with continuing efforts to manage the
pandemic for the safety and well-being of all.
Renée DeVigne
Washington, D.C.

SPOTTING ETHICAL RED FLAGS
Hope Todd's ethics article, "Shady Propositions:
D.C. Rule 1.2(e)" (September/October 2020
issue), reminded me of my experience. A man,
let's say "Bill," called. He had heard I was an
expert in a certain regulatory matter and
wanted me to represent him. After patiently
hearing him out on his proposed business
plan, I said: "It's illegal. I can't and won't represent you." Several years later, a friend of Bill's
called. Bill had gone ahead with his plan and
was now in prison for it. Bill wanted me to get
him paroled. I explained I was not a criminal
lawyer. The friend said Bill knew this, but he
really wanted me to help because I was "the
only honest lawyer he had talked to."
James H. Johnston
Bethesda, Maryland

Washington Lawyer welcomes your letters.
Submissions should be directed to
Washington Lawyer, District of Columbia
Bar, 901 4th Street NW, Washington, DC
20001. Submissions are also accepted by
email at editorial@dcbar.org. Letters may
be edited for clarity and space.

NOVEMBER/DECEMBER 2020

*

WASHINGTON LAWYER

5



Washington Lawyer - November/December 2020

Table of Contents for the Digital Edition of Washington Lawyer - November/December 2020

Digital Extras
Your Voice
From Our President
Practice Management
Calendar of Events
Family Law Assistance Network feature
An Avalanche of Evictions feature
Pro Bono Partnerships Forged in Crisis feature
Help for Pro Se Litigants Feature
Qualified Immunity feature
Taking Legal Support to the Streets feature
Taking the Stand Turning off the White Noise of Systemic Racism
Taking the Stand Situational Principles Aren't Really Principles
On Further Review
The Learning Curve
Member Spotlight - A. Benjamin Spencer
Member Spotlight - Amber Harding
Worth Reading
Attorney Briefs
Speaking of Ethics
Disciplinary Summaries
Pro Bono Effect
A Slice of Wry
Washington Lawyer - November/December 2020 - Cover1
Washington Lawyer - November/December 2020 - Cover2
Washington Lawyer - November/December 2020 - 1
Washington Lawyer - November/December 2020 - 2
Washington Lawyer - November/December 2020 - 3
Washington Lawyer - November/December 2020 - Digital Extras
Washington Lawyer - November/December 2020 - Your Voice
Washington Lawyer - November/December 2020 - From Our President
Washington Lawyer - November/December 2020 - 7
Washington Lawyer - November/December 2020 - Practice Management
Washington Lawyer - November/December 2020 - Calendar of Events
Washington Lawyer - November/December 2020 - Family Law Assistance Network feature
Washington Lawyer - November/December 2020 - 11
Washington Lawyer - November/December 2020 - 12
Washington Lawyer - November/December 2020 - 13
Washington Lawyer - November/December 2020 - An Avalanche of Evictions feature
Washington Lawyer - November/December 2020 - 15
Washington Lawyer - November/December 2020 - 16
Washington Lawyer - November/December 2020 - 17
Washington Lawyer - November/December 2020 - Pro Bono Partnerships Forged in Crisis feature
Washington Lawyer - November/December 2020 - 19
Washington Lawyer - November/December 2020 - 20
Washington Lawyer - November/December 2020 - 21
Washington Lawyer - November/December 2020 - 22
Washington Lawyer - November/December 2020 - 23
Washington Lawyer - November/December 2020 - 24
Washington Lawyer - November/December 2020 - 25
Washington Lawyer - November/December 2020 - Help for Pro Se Litigants Feature
Washington Lawyer - November/December 2020 - 27
Washington Lawyer - November/December 2020 - 28
Washington Lawyer - November/December 2020 - 29
Washington Lawyer - November/December 2020 - Qualified Immunity feature
Washington Lawyer - November/December 2020 - 31
Washington Lawyer - November/December 2020 - 32
Washington Lawyer - November/December 2020 - 33
Washington Lawyer - November/December 2020 - Taking Legal Support to the Streets feature
Washington Lawyer - November/December 2020 - 35
Washington Lawyer - November/December 2020 - 36
Washington Lawyer - November/December 2020 - 37
Washington Lawyer - November/December 2020 - Taking the Stand Turning off the White Noise of Systemic Racism
Washington Lawyer - November/December 2020 - 39
Washington Lawyer - November/December 2020 - Taking the Stand Situational Principles Aren't Really Principles
Washington Lawyer - November/December 2020 - 41
Washington Lawyer - November/December 2020 - On Further Review
Washington Lawyer - November/December 2020 - The Learning Curve
Washington Lawyer - November/December 2020 - Member Spotlight - A. Benjamin Spencer
Washington Lawyer - November/December 2020 - Member Spotlight - Amber Harding
Washington Lawyer - November/December 2020 - 46
Washington Lawyer - November/December 2020 - 47
Washington Lawyer - November/December 2020 - Worth Reading
Washington Lawyer - November/December 2020 - 49
Washington Lawyer - November/December 2020 - 50
Washington Lawyer - November/December 2020 - Attorney Briefs
Washington Lawyer - November/December 2020 - Speaking of Ethics
Washington Lawyer - November/December 2020 - 53
Washington Lawyer - November/December 2020 - 54
Washington Lawyer - November/December 2020 - Disciplinary Summaries
Washington Lawyer - November/December 2020 - Pro Bono Effect
Washington Lawyer - November/December 2020 - 57
Washington Lawyer - November/December 2020 - 58
Washington Lawyer - November/December 2020 - 59
Washington Lawyer - November/December 2020 - 60
Washington Lawyer - November/December 2020 - 61
Washington Lawyer - November/December 2020 - 62
Washington Lawyer - November/December 2020 - 63
Washington Lawyer - November/December 2020 - 64
Washington Lawyer - November/December 2020 - 65
Washington Lawyer - November/December 2020 - 66
Washington Lawyer - November/December 2020 - 67
Washington Lawyer - November/December 2020 - A Slice of Wry
Washington Lawyer - November/December 2020 - Cover3
Washington Lawyer - November/December 2020 - Cover4
http://washingtonlawyer.dcbar.org/novemberdecember2020
http://washingtonlawyer.dcbar.org/septemberoctober2020
http://washingtonlawyer.dcbar.org/julyaugust2020
http://washingtonlawyer.dcbar.org/june2020
http://washingtonlawyer.dcbar.org/may2020
http://washingtonlawyer.dcbar.org/march2020
http://washingtonlawyer.dcbar.org/january2020
http://washingtonlawyer.dcbar.org/november2019
http://washingtonlawyer.dcbar.org/october2019
http://washingtonlawyer.dcbar.org/september2019
http://washingtonlawyer.dcbar.org/julyaugust2019
http://washingtonlawyer.dcbar.org/june2019
http://washingtonlawyer.dcbar.org/may2019
http://washingtonlawyer.dcbar.org/april2019
http://washingtonlawyer.dcbar.org/march2019
http://washingtonlawyer.dcbar.org/january2019
http://washingtonlawyer.dcbar.org/november2018
http://washingtonlawyer.dcbar.org/november2018
http://washingtonlawyer.dcbar.org/november2018
http://washingtonlawyer.dcbar.org/august2018
http://washingtonlawyer.dcbar.org/august2018
http://washingtonlawyer.dcbar.org/June/July2018
http://washingtonlawyer.dcbar.org/april2018
http://washingtonlawyer.dcbar.org/March2018
http://washingtonlawyer.dcbar.org/February2018
http://washingtonlawyer.dcbar.org/january2018
http://washingtonlawyer.dcbar.org/december2017
http://washingtonlawyer.dcbar.org/November2017
http://washingtonlawyer.dcbar.org/september 2017
http://washingtonlawyer.dcbar.org/september 2017
http://washingtonlawyer.dcbar.org/august2017
http://washingtonlawyer.dcbar.org/july2017
http://washingtonlawyer.dcbar.org/June2017
http://washingtonlawyer.dcbar.org/may2017
http://washingtonlawyer.dcbar.org/april2017
http://washingtonlawyer.dcbar.org/march2017
http://washingtonlawyer.dcbar.org/february2017
http://washingtonlawyer.dcbar.org/january2017
http://washingtonlawyer.dcbar.org/december2016
http://washingtonlawyer.dcbar.org/november2016/
http://washingtonlawyer.dcbar.org/october2016
http://washingtonlawyer.dcbar.org/september2016
https://www.nxtbookmedia.com