Washington Lawyer - January/February 2022 - 19

LEGAL ETHICS continued from page 14
GET
For example, with respect to my role as an
in-house counsel at an association, Rule 1.13
regarding an organization as a client is important
for client identification. My client is the
Association of Zoos and Aquariums, not the
members of the association. Thus, for example,
in the accreditation process, I can take positions
adverse to a particular member, if necessary,
in order to represent the association's
interest in fair and accurate accreditation
decisions.
As a general matter, the ethics rules apply in
different practice environments.
ML: Before you came to the Association of
Zoos and Aquariums you were at the Legal Aid
Society of the District of Columbia. Are there
unique challenges for legal services lawyers?
For example, with respect to retainer agreements
with clients who are essentially indigent,
or with communicating with clients who may
not have easy means of communication?
JK: Well, there were different challenges, but
they were not ethical challenges. Let me just
give a huge shoutout to Eric Angel, who ran a
great program at Legal Aid, and the numerous
dedicated attorneys there. The challenge
usually is in client communication. You have to
go the extra mile to make sure that your client
really understands what you're saying. Now,
you can deal with language difficulties by using
translators; unfortunately, my Spanish is nonexistent,
but I had so many colleagues who were
fluent that that was not a problem.
The ethics challenges on retainer letters were
never any more difficult with a Legal Aid client
than with a private client. Frankly, the biggest
difference between Legal Aid clients and other
clients is that they are so appreciative of the
help, and it is a pleasure to work with them. It
is also, to some extent, more challenging and
leaves you with more sleepless nights because
their situation is often so desperate that you
feel you have to win.
We're talking about evictions, about losing
custody of a child. We're talking about major
life events and devastating personal consequences.
So, you had to win, and you had to
win all of them. My hat's off to the colleagues at
Legal Aid who did great work when I was there
and are still doing great work today.
ML: Two final questions: First, when you taught
legal ethics as a practicing lawyer, what did you
think was the most important thing for you to
communicate to your students?
JK: Know your local rules. Common sense is
not enough. I [taught] the mandatory course
and nobody wants to take the mandatory
ethics course because they all think of themselves
as very ethical, good people. What they
don't understand is that common sense is not
enough. There are actually rules, and you have
to know these rules, or you're gonna screw up
because common sense sometimes gives you
the wrong answer.
The example I would always use for my class
is D.C. Rule 3.3(b), about allowing a criminal
defendant who you know is going to perjure
himself to testify at trial. If you took a poll of the
class at the beginning, everybody would say,
" That is totally unethical. You cannot do that.
If you do that, you should be disbarred. " That
is totally the wrong answer in D.C. The right
answer in D.C. is a procedure set forth in the
D.C. Rule about how to do it. You put the
person on. You ask only a narrative question
such as, " What happened? " You make no
comment in the closing argument.
However, if you did that in Virginia, you could
be disciplined. If you did that in Maryland, they
could bring disciplinary charges. But if you
don't do that in D.C., and your criminal defendant
is insisting that he wants to take the stand
and perjure himself, you could be charged with
ineffective assistance of counsel. So, it's important
not to rely only on common sense. You
need to look up the rules because the rules
differ, and you cannot assume you know what
the right moral answer is because that may be
the wrong ethics answer.
ML: I'm sure you were a fantastic ethics professor.
I think that was great advice to give to
your students.
Jack, I want to thank you very much for speaking
with us today. I know your comments will
be appreciated by the members of the Bar. It's
been a pleasure to talk to you.
JK: It was great to talk to you, Myles. Thank
you.
Visit 50years.dcbar.org to watch Jack Keeney and
Myles Lynk share their thoughts about what membership
with the D.C. Bar means to them and what
they think the organization can do to further
secure its future and better serve its members.
PUBLISHED
IN
WASHINGTON
LAWYER
COMMUNITY * CAREER * PROFESSION * PRACTICE MANAGEMENT * SERVICE
THE DISTRICT OF COLUMBIA BAR MAGAZINE
NOVEMBER/DECEMBER 2021
REFORMING
Conservatorship
Justice Crisis in
LEGAL DESERTS
High-Impact Help
With Pro Bono
MENTORSHIP
We welcome submissions
from attorneys and other
professionals who wish to share
their expertise on law-related
topics in Washington Lawyer
and at dcbar.org. Articles must
be original and previously
unpublished. All submissions
are open to editorial review and
revisions.
Manuscripts should adhere to
the following word counts:
●
Law-related articles/
features:
1,500-2,000 words
●
Practice areas/
professional development:
800 words
● Essays: 800 words
For more information,
email editorial@dcbar.org.
JANUARY/FEBRUARY 2022
* WASHINGTON LAWYER 19
http://www.dcbar.org http://50years.dcbar.org

Washington Lawyer - January/February 2022

Table of Contents for the Digital Edition of Washington Lawyer - January/February 2022

From Our President
Calendar of Events
Practice Management
Toward Well-Being
Protecting the Integrity of the Profession: A Conversation on Legal Ethics
How Far Should You Go? Frivolous Claims & Litigation Ethics
The Solo/Small Firm Life: Lean, Mean Business Machine
Upping Your Game With Professional Coaching
The Founding of the D.C. Bar
Taking the Stand
On Further Review
The Learning Curve
Member Spotlight
Worth Reading
Attorney Briefs
Speaking of Ethics
Disciplinary Summaries
ABA Delegate’s Corner
The Pro Bono Effect
A Slice of Wry
Washington Lawyer - January/February 2022 - Intro
Washington Lawyer - January/February 2022 - Cover1
Washington Lawyer - January/February 2022 - A
Washington Lawyer - January/February 2022 - B
Washington Lawyer - January/February 2022 - Cover2
Washington Lawyer - January/February 2022 - 1
Washington Lawyer - January/February 2022 - 2
Washington Lawyer - January/February 2022 - 3
Washington Lawyer - January/February 2022 - 4
Washington Lawyer - January/February 2022 - 5
Washington Lawyer - January/February 2022 - From Our President
Washington Lawyer - January/February 2022 - Calendar of Events
Washington Lawyer - January/February 2022 - Practice Management
Washington Lawyer - January/February 2022 - Toward Well-Being
Washington Lawyer - January/February 2022 - Protecting the Integrity of the Profession: A Conversation on Legal Ethics
Washington Lawyer - January/February 2022 - 11
Washington Lawyer - January/February 2022 - 12
Washington Lawyer - January/February 2022 - 13
Washington Lawyer - January/February 2022 - 14
Washington Lawyer - January/February 2022 - 15
Washington Lawyer - January/February 2022 - How Far Should You Go? Frivolous Claims & Litigation Ethics
Washington Lawyer - January/February 2022 - 17
Washington Lawyer - January/February 2022 - 18
Washington Lawyer - January/February 2022 - 19
Washington Lawyer - January/February 2022 - The Solo/Small Firm Life: Lean, Mean Business Machine
Washington Lawyer - January/February 2022 - 21
Washington Lawyer - January/February 2022 - 22
Washington Lawyer - January/February 2022 - 23
Washington Lawyer - January/February 2022 - Upping Your Game With Professional Coaching
Washington Lawyer - January/February 2022 - 25
Washington Lawyer - January/February 2022 - 26
Washington Lawyer - January/February 2022 - 27
Washington Lawyer - January/February 2022 - The Founding of the D.C. Bar
Washington Lawyer - January/February 2022 - 29
Washington Lawyer - January/February 2022 - Taking the Stand
Washington Lawyer - January/February 2022 - 31
Washington Lawyer - January/February 2022 - 32
Washington Lawyer - January/February 2022 - 33
Washington Lawyer - January/February 2022 - On Further Review
Washington Lawyer - January/February 2022 - The Learning Curve
Washington Lawyer - January/February 2022 - Member Spotlight
Washington Lawyer - January/February 2022 - 37
Washington Lawyer - January/February 2022 - Worth Reading
Washington Lawyer - January/February 2022 - 39
Washington Lawyer - January/February 2022 - Attorney Briefs
Washington Lawyer - January/February 2022 - 41
Washington Lawyer - January/February 2022 - Speaking of Ethics
Washington Lawyer - January/February 2022 - 43
Washington Lawyer - January/February 2022 - Disciplinary Summaries
Washington Lawyer - January/February 2022 - ABA Delegate’s Corner
Washington Lawyer - January/February 2022 - The Pro Bono Effect
Washington Lawyer - January/February 2022 - 47
Washington Lawyer - January/February 2022 - A Slice of Wry
Washington Lawyer - January/February 2022 - Cover3
Washington Lawyer - January/February 2022 - Cover4
https://washingtonlawyer.dcbar.org/januaryfebruary2022
https://washingtonlawyer.dcbar.org/januaryfebruary2022
https://washingtonlawyer.dcbar.org/januaryfebruary2022
https://washingtonlawyer.dcbar.org/novemberdecember2021
https://washingtonlawyer.dcbar.org/julyaugust2021
https://washingtonlawyer.dcbar.org/julyaugust2021
https://washingtonlawyer.dcbar.org/marchapril2021
https://washingtonlawyer.dcbar.org/marchapril2021
http://washingtonlawyer.dcbar.org/novemberdecember2020
https://washingtonlawyer.dcbar.org/novemberdecember2020
https://washingtonlawyer.dcbar.org/septemberoctober2020
https://washingtonlawyer.dcbar.org/julyaugust2020
https://washingtonlawyer.dcbar.org/june2020
https://washingtonlawyer.dcbar.org/may2020
https://washingtonlawyer.dcbar.org/march2020
https://washingtonlawyer.dcbar.org/january2020
https://washingtonlawyer.dcbar.org/november2019
https://washingtonlawyer.dcbar.org/october2019
https://washingtonlawyer.dcbar.org/september2019
https://washingtonlawyer.dcbar.org/julyaugust2019
https://washingtonlawyer.dcbar.org/june2019
https://washingtonlawyer.dcbar.org/may2019
https://washingtonlawyer.dcbar.org/april2019
https://washingtonlawyer.dcbar.org/march2019
https://washingtonlawyer.dcbar.org/january2019
https://washingtonlawyer.dcbar.org/november2018
https://washingtonlawyer.dcbar.org/november2018
https://washingtonlawyer.dcbar.org/november2018
https://washingtonlawyer.dcbar.org/august2018
https://washingtonlawyer.dcbar.org/august2018
https://washingtonlawyer.dcbar.org/June/July2018
https://washingtonlawyer.dcbar.org/april2018
https://washingtonlawyer.dcbar.org/March2018
https://washingtonlawyer.dcbar.org/February2018
https://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