‘Sunlight is the best disinfectant,” declared Justice Louis Brandeis. A lawyer who has internalized the concept of this key principle adopts the best measure for ultimately collecting his or her attorney’s fees and avoiding legal malpractice and breach of fiduciary claims. Obtaining informed consent from the client and confirming it in writing, not merely at the beginning of the representation but at any discrete moment of the representation is the best professional liability insurance and the cheapest. It is a roadblock even to frivolous litigation.
The best way to approach these key concepts for the well being of our professional practices is to review Part 1200, The Rules of Professional Conduct for Attorneys, effective April 1, 2009. Both the definitions in the rules and the emphasis placed upon the concepts of informed consent and confirmed in writing in various rules clearly establish the best foundation of professionalism for our practices.
Definitions
