Volume 19, Number 7
October/November 2002
FROM THE EDITOR
Something Fishy
By jennifer j. rose
Have you ever been confronted with a platter of sushi and the
only familiar ingredient was the rice? And the menu's Japanese
translation to English read like a lab science manual?
General practice is not as safe as plucking chocolates from a
Whitman's Sampler, where a chart safely identifies each piece of
candy. When a client's question isn't part of a lawyer's usual
meat-and-potatoes fare, it is easy to feel like a novice at a
sushi bar, where there always is another diner holding court over
the finer distinctions between fish roes, salmon skin, and eel
innards. As much as I like sushi, I don't want to risk anyone's
slipping shrimp or fish liver onto my plate-but at the same time
I hate to appear ever so ignorant.
Pretending that you already had kanimiso for lunch or you know
the difference between futomaki and onigiri can be easier than
answering your companions' random questions about nonprofit
corporations or immigration law. Unwittingly wading into
less-than-familiar waters can be as deadly as tasting fugu
prepared by amateurs. Dodging the bullet of a client who expects
a lawyer to know everything isn't as easy as disguising raw fish
and its unknown parts with copious amounts of wasabi and pickled
ginger.
From Toluca Lake to the Virgin Islands, more authors than ever
contributed to this issue of GPSolo, serving up some finely
crafted morsels of advice in practice areas in which clients
expect some kind of immediate answer. Mary Ann Baker-Randall, in
her article "Handling Cases Outside Your Practice Area," provides
a primer for those faced with matters beyond their usual comfort
zone. Then there are those clients who confuse sushi chefs with
short-order cooks, expecting that their counsel perform all legal
tasks for them for one all-you-can-eat, low fee. Setting the
parameters of the attorney-client relationship and the job
description is the focus of "Rules of Engagement: Taking the
Offense When It Comes to Defense," Stephen Terrell's article
about the importance of retainer agreements, nonengagement
letters, and disengagement letters.
Almost every lawyer would agree that sex with clients is
generally not a very good idea, particularly when it comes to
those sticky issues of ethics and getting paid. Last winter the
ABA came up with a new Model Rule of Profes-sional Conduct
barring lawyers from having sex with clients. Is a bright-line
rule necessary? Does the prohibition simply go too far? In "Sex
with Clients: Always a Violation?" Professor Nancy Moore and
Lawrence Fox take the issue in Point/Counterpoint.
This issue marks even more changes. "The Bus-iness of Law"
column, gen- erously written by Edward Poll for the past seven
years, has been sunsetted. We are deeply appreciative of Ed's
vigorous support and efforts throughout the years. Replacing that
column is one specifically targeted to the needs of solo
practitioners, written by David Leffler, a solo and longtime
Section member practicing in New York City, specializing in
business law and dishing up his real-life challenges and
solutions. GPSolo's editorial board brainstormed for an
appropriate name for the column, suggesting and rejecting "I Did
It My Way," "Lone Shark," "Garbo," "There Are Worse Things Than
Being Alone," "So Low You Can't Get Over It," "Soul
Practitioner," "The Azygous Attorney," "@ One with Money," and
"Solo Edge," and settling on the Zen-ish "Being Solo."
Carolyn J. Stevens, a solo from Lolo, Montana, ably and
ambitiously served as issue editor, and the credit for developing
and organizing this remarkable issue of GPSolo is all hers.
Stay tuned for the December 2002 issue of GPSolo, the Technology
& Practice Guide, focusing on effective ways to use the
technology you already have.
jennifer j. rose, editor-in-chief of GPSolo, is a lawyer and
writer living in Morelia, Michoacán, Mexico.



