December 2006

Have you ever had a concern that a colleague had crossed an ethical line?

Destroying or withholding evidence? Lying to a client? Padding time? Ignoring a conflict of interest?If you've ever had a concern that a colleague had crossed an ethical line, what did you do about it?

Your Opinions:

“We had an associate once who had billable hours far and above any other associate. We questioned when he must sleep! Although I was suspicious that the time might have been ‘padded,’ it looked legitimate even if so scrupulously recorded so that not a second went unbilled. I ended up discounting the client’s bills where appropriate and counseled the associate to be sure to follow the firm’s billing guidelines and not to work so hard.”

“I had a colleague who kept unusual hours, was a bit sketchy, and always seemed to have a ‘cold’—constantly sniffling. Drug use was suspected. Before anyone could intervene, he quit and left the practice of law.”

“In order to bring in a case, a colleague wanted to conveniently ignore a conflict check that showed that, at the very least, we had to get a conflict waiver from an existing client. Once reminded of the ethics rules and the wisdom in seeking a waiver up front rather than angering (and potentially losing) an existing client, cooler heads prevailed. My colleague saw reason and asked for (and received) the waiver.”

“I’ve been fortunate not to have witnessed anything that I would characterize as having ‘crossed an ethical line.’ I think this is attributed, in large part, to the excellent guidance of our firm’s general counsel and our ethics partner. Having their sage advice at the ready gives me a sense of confidence whenever I have to navigate an ethical dilemma.”

“From the other side of the equation, having been a client, I have had problems with my counsel ignoring a matter and telling me he was pressing it forward when he really wasn’t. Luckily, I had the luxury of switching to what I considered to be a more aggressive litigator. While I didn’t think my particular situation rose to the level of something to be reported for disciplinary action, I felt sorry for other clients who might not recognize the need—or have the ability—to switch counsel. Having had that experience makes me an even more conscientious practitioner myself.”