What Type of Lawyer Would Tape a Client?

What Type of Lawyer Would Tape a Client? by Chris McDonoughChris McDonough Esq. 

At 5:34 am on July 25, 2018, a certain someone raised the above question upon learning that his personal lawyer had taped at least one conversation they had. The media responded by stating that New York is a ‘one person consent’ state, and thus the taping was legal. But was it ethical?

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Retainer Games

Chris McDonough Esq.
Foley Griffin LLP

Retainer Games by Chris McDonough

As a regular part of my practice, I draft retainers for law firms. I usually ask the client what they want to achieve with the retainer and begin drafting from there. Required information includes fee basis, tasks included, tasks excluded and the necessary clauses (no guarantee, arbitration notice, statement of client rights, right to terminate, etc.).  

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Set Ethical Limits on Public Speaking as a Marketing Tool

Ethical Limits on Public Speaking as a Marketing Tool by Chris McDonough

Chris McDonough Esq.
Special Counsel to Foley Griffin LLP

Recently I received an inquiry from an attorney who was scheduled to appear on a radio talk show to discuss matters within his practice area. He asked me if it was permissible to “provide legal information to some callers,” as contemplated by the producers of the show. Specifically, callers facing foreclosure would be able to ask him questions about their legal situation.  

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The Interactive Website Dilemma

The Interactive Website Dilemma by Chris McDonoughMost lawyers have websites. Most lawyers create those websites to solicit business for their firms. In my opinion, not having a website is a grave mistake for almost every lawyer. Even when clients are referred to you, I would bet that nine out of ten check your website before calling. If you are not on the web, you might as well be invisible.

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Legal File Maintenance: What Must Be Kept for 7 Years and in What Format?

File and Record Retention by Chris McDonough

By: Chris McDonough Esq.[1]

Recently, on two separate occasions, I was contacted by experienced, well-respected attorneys with file and record retention questions. It seems there still is confusion regarding exactly which records must be kept for seven years and in what format those records may be maintained. This brief article will hit the high points. There are many excellent resources available to attorneys who require additional information, and anyone who wants more information should feel free to contact me.

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The Profession Needs to Do More to Help Our Members Suffering From Depression and Substance Abuse

The Profession Needs to Do More to Help Our Members Suffering From Depression and Substance Abuse by Chris McDonough

Last year I posted a blog article[1] about alcohol abuse in the legal profession, in response to a study that appeared in the Journal of Addiction Medicine.[2] The lead author was Patrick Krill, who is an attorney and Board Certified Alcohol and Drug Counselor and is the Director of the Legal Professionals Program at the Hazelden Betty Ford Foundation. That study revealed that between 21% and 36% of U.S. lawyers drink at levels consistent with an alcohol abuse disorder. Those figures are roughly 3 to 5 times higher than the forecast for the general population in the United States.

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