Should a Newbie Solo Lawyer Represent Lindsay Lohan?
Carolyn Elefant started an interesting discussion on her My Shingle blog about whether a newly licensed lawyer should be willing to represent celebrity Lindsay Lohan in appealing her recent sentencing to 90 days in jail. It has been reported that Lohan’s lawyer in the case, Shawn Chapman Holley, no longer represents her. Rumors quickly surfaced that a lawyer licensed in November 2009, Tiffany Feder-Cohen, has taken on the representation of Lohan.
As the old saying goes, “Even bad publicity is good publicity.” This high profile case catapulted a brand new, unknown lawyer into the spotlight. Would you leap to take the case if you were in her shoes?
Elefant says there isn’t that much a new lawyer can actually screw up in the appeal of a case that Lohan is almost certain to lose. It may be that the outcome of an appeal would be about the same for Lohan even with a highly experienced attorney, but if Feder-Cohen makes a procedural error, Lohan’s prior behavior would suggest that she would be likely to blame anyone but herself for her predicament. I would suggest that Feder-Cohen should make sure she has a malpractice policy that doesn’t get reduced in coverage by the amount of defense costs expended, because the case could be protracted.
If we assume she has adequate malpractice insurance, one might urge Feder-Cohen to take the case. Even if she screws up, will her reputation really get damaged? Wouldn’t the public tend to blame Lohan for hiring an inexperienced lawyer and cut Feder-Cohen some slack as a newbie? Could it still be a net gain for Feder-Cohen?
Feder-Cohen could have more at stake than malpractice claims and her reputation, however. She might be in violation of her ethical duty and subject to a grievance for even taking the case. If she were practicing in Texas, I would advise her to associate a more experienced lawyer in the case. Rule 1.01 of the Texas Rules of Disciplinary Conduct provides: “A lawyer shall not accept or continue employment in a legal matter which the lawyer knows or should know is beyond the lawyer’s competence, unless…another lawyer who is competent to handle the matter is, with the prior informed consent of the client, associated in the matter.” It would be pretty easy to assert that Feder-Cohen “should know” that the matter is beyond her competence to handle alone, if she has been licensed less than a year.
The California Rules of Professional Conduct resemble the Texas rules on this subject. Rule 3-110 provides that a lawyer “shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence.” Under the rule, “competence” requires the learning and skill reasonably necessary, but if a lawyer doesn’t already have it, the lawyer can associate with or consult with a competent lawyer to fulfill that requirement.
Even if Feder-Cohen gets over the hurdle of legal competence, she’ll still have to deal with the media frenzy. As other comments to Elefant’s post have already noted, Feder-Cohen should hire a good media consultant to help navigate those treacherous waters.
Finally, there is one other issue that Feder-Cohen may need our guidance in handling…her client engagement agreement. According to People magazine, Feder-Cohen identified herself to the L.A.Sheriff’s office as Lohan’s new attorney. Another online gossip rag, RadarOnline.com reports “the attorney for Lindsay’s mom Dina, tells us, ‘Tiffany Feder-Cohen is not Lindsay’s attorney and never was. She is just a good friend who is helping out. Lindsay’s new attorney will be announced today.’
This whole scenario is starting to sound like one made up for a law school exam in a Professional Responsibility class. What other issues can you identify?
Post Date: July 9, 2010
Making Your Criminal Practice More Rewarding
“The variety in a criminal law practice keeps it enjoyable. Familiarity at the courthouse makes it fun,” says Austin solo Erik Goodman, who has been board certified in criminal law since 1985. Houston criminal attorney John Parras agrees. “People charged with crimes are wealthy, poor, smart, dumb, funny, eccentric, boring, interesting and mundane. The scenarios that bring them to court are sad, funny, interesting, complicated, simple, stupid, and entertaining,” according to Parras, who has been designated as a Super Lawyer – Rising Star and began his legal career as a law clerk to Michael Tigar and Ron Woods in the Oklahoma City Bombing trial.
Yet many criminal attorneys suffer from stress and burnout. Others struggle to make ends meet. How can you keep your practice manageable, enjoyable and financially successful, too? Read more
Post Date: July 6, 2010
Handy Additions to Your Conflict Resolution Toolbox
“I suppose it is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail,” observed the famous psychologist , Abraham Maslow. When it comes to conflict resolution, the only tool that most lawyers get from law school is a hammer.
Hammering your opponent might work in a trial, but it doesn’t create optimal outcomes in a casual disagreement. It doesn’t work very well when your “opponent” is your boss or someone you care about. It doesn’t foster healthy and productive on-going relationships at the office. Hammering the other side and trying to “win” tends to spawn resistance, rigidity, passive-aggressive behavior, escalation or chronic difficulties. Defeating your opponent rarely results in genuine resolution of the issue.
Lacking other tools, ironically, some lawyers avoid confrontation on their own behalf. I know a very effective trial attorney who wouldn’t return a shirt that was the wrong size. Conflict avoiders allow the biggest rainmaker or the loudest bully in the office to control decision-making, without benefit of their valuable input. Meanwhile the law firm experiences low morale, costly turnover, missed opportunities and wasteful mistakes.
To help you become more effective at resolving your own conflicts, as well as at helping clients resolve theirs, here’s a brief primer on a few techniques to add to your tool box. Read more
Post Date: June 21, 2010
Can Parenting Tips Improve Your Client Effectiveness?
Recently one of my lawyer clients described to me how he handles things with his high-strung child. As he described his process, it reminded me of how really effective family lawyers handle clients in the emotional throes of a divorce or custody battle.
In this time of economic turmoil and uncertain futures, today every lawyer has a stressed out client to deal with. See if this parent’s process might help you be more effective in managing both yourself, and those you advise, in stressful situations.
1. Prep them for everything. Let them know in advance what the two of you will each do, and what Plan B will be, if Plan A doesn’t work.
2. Prompt them during the process. As you engage in the process and things get a little scary, remind them that this is what you were expecting. Read more
Post Date: June 8, 2010