Washington Lawyer - January/February 2022 - 18
FEATURE
attorney-client relationship that can be explored before entering into a
representation agreement. Mason says that he picked up some important
lessons early in his legal career. " I was a public defender, " he says.
" I got fired a lot. It's not about your ego. It's about whether you can help
your clients in the way they want to be helped. As a public defender,
I had to work on relationships, and I've tried to carry [with me later in my
career] that sense of the importance of listening to clients. "
In private practice this realization has led Mason to devote a significant
amount of time and energy to consultation. Mason doesn't charge to
consult, and he says it isn't uncommon to speak with a potential client
more than once before commencing representation.
As part of these conversations, he reviews documentation and assesses
his firm's ability to represent the matter competently, ensures that the
client understands the firm's capabilities, and attempts to identify other
areas that might produce tension or misunderstanding in the course of
the representation, asking himself if he can help the client. " Sometimes I
think, no, I'm not the right lawyer for you, " Mason says.
In the District, there are a number of potential consequences for
pursuing a frivolous claim. Serious misconduct could result in the suspension
or disbarment of the attorney, while less severe infractions
might receive an informal admonition, a reprimand, or public censure.
The Kraken attorneys, who engaged in what the court called " a historic
and profound abuse of the judicial process, " were sanctioned under Rule
11. In a decision holding that regardless of whether or not the plaintiffs
litigated their claims in bad faith, their improper purpose in the suit and
their failure to investigate or support the assertions on which their cases
were based were punishable, despite widespread public belief in their
claims of fraud. " Something does not become plausible simply because
it is repeated many times by many people, " Judge Parker said. Later in
the decision the court also recounted multiple instances of actual bad
faith.
" Plaintiffs' counsel's politically motivated accusations, allegations, and
gamesmanship may be protected by the First Amendment when posted
on Twitter, shared on Telegram, or repeated on television, " the judge
wrote. " The nation's courts, however, are for hearing legitimate causes
of action. "
Reach D.C. Bar staff writer Jeremy Conrad at jconrad@dcbar.org.
https://signatureresolution.com/
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
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