Communicating With Potential Witnesses On Social Media
Last week, I discussed researching jurors via social media. Another area that lawyers may consider using social media for is to locate and/or research potential witnesses in a case. Some of the same concepts that apply to jurors apply to witnesses, but lawyers are not per se prohibited from actually communicating with witnesses, as they […]
Researching Jurors On Social Media
When trying a case, the more you know the better off you usually are. Information about jurors is no exception. As trial lawyers know, the amount of information one is able to obtain about potential jurors is limited (by time, by scope of questioning allowed, by juror honesty). In today’s world, it makes perfect sense […]
Can Attorneys Get Fees On Fees When Self-Representing?
You’ve done a great job for your client and it’s refused to pay the balance of the attorneys fees owed to your firm. You’ve worked very hard and deserve to be paid. But even if you were able to get a judgment for your unpaid fees, would it be worth the additional investment to obtain […]
What Do You Do If Your Client Dies During Representation?
Imagine this: You’ve been hired by a client to represent them, but during the representation, the client dies. Now what? Attorney-client relationship The attorney-client relationship is an agency relationship, in which the client is the principal and the attorney is the agent. Typically, the death of a client terminates the attorney-client agency relationship, and the […]
Social Media Endorsements, Recommendations, Reviews: What You Need To Know
Most social media sites allow users to receive and post likes, endorsements, recommendations, reviews, and comments. Having such posts on your profiles can provide social proof and evidence of your abilities as a lawyer. Clearly, lawyers are responsible for all content they post on their social media profiles. But what about posts by other users? […]
Social Media Use: Is It Advertising or Soliciting Under the Ethics Rules?
I’m going to answer like a lawyer: “It depends.” Here are the basic principles: If an attorney uses a social media account strictly for personal purposes, then advertising and soliciting rules probably don’t apply. (See, e.g., Florida) For accounts, profiles, unsolicited communications, or posts made primarily for the purpose of retention of the lawyer or […]
What To Do If Your Client Disappears
In another post, we discussed what lawyers should do if their client dies during representation. So what about if your client goes AWOL? As an agent of the client, a lawyer can only act via the authority given by the client. If the client is not available to authorize the lawyer, then what should the lawyer […]
Do You Tell Your Clients What You Expect From Them?
Practice law long enough and you’ll encounter a client that makes your job difficult, even if he is unaware of it. Clients may be unfamiliar with the legal process and may not understand what their lawyers need from them. A lawyer might make the attorney-client relationship a little bit smoother, if she clearly outlines what […]
