Wednesday, September 5, 2018

How not to practice law: Continue representing a client after the court disqualifies you

Continuing our long-running list of obviously dumb things lawyers do, here is the latest:

Faughnan on Ethics is reporting on a recent case in which a lawyer was disbarred for disregarding a court's order that disqualified him from representing a client.  But it is worse than that.

First, the lawyer did not recognize that the representation constituted a conflict of interest to begin with (which was pretty obvious).  That means he violated two rules: the rule against conflicts and the rule on competence.  Then he was disqualified, but continued the representation.  Then he was suspended, but, you guessed it, continued the representation while suspended.  At this point I wonder if the attorney is still practicing while disbarred.

You can read the details of the case here.

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