Category Archives: Character & Fitness

What Type of Lawyer Would Tape a Client?

Chris 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 … Continue reading

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Retainer Games

Chris McDonough Esq. Foley Griffin LLP 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 … Continue reading

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Set Ethical Limits on Public Speaking as a Marketing Tool

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 … Continue reading

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The Interactive Website Dilemma

Most 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 … Continue reading

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

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 … Continue reading

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Avoiding the Adversarial/Difficult Client [1]

By: Chris McDonough & Omid Zareh  Recently, we gave a lecture regarding dealing with the adversarial client. At the conclusion of the lecture, a number of participants came up to share some rather amusing client experiences. Difficulties with clients seemed … Continue reading

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Defining the ‘Practice of Law’ After ‘Matter of Brandes’

This article was published in the NYLJ. Joel Brandes was disbarred by the Appellate Division, Second Department on April 28, 2002. After waiting the required seven years, he first applied for reinstatement in 2009. That application was denied in an … Continue reading

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Differing Interests, Conflicts & Waiver and Consent 101

Differing interests between a lawyer and a client are defined as “every interest that will adversely affect either the judgment or the loyalty of a lawyer to a client, whether it be a conflicting, inconsistent, diverse, or other interest.” (RPC … Continue reading

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Alcohol Abuse by Lawyers Is a Major Problem in the Legal Profession

Recently, CNN published an article focusing on alcohol usage in the legal profession, authored by Patrick Krill Esq., the lead author of an important study that appeared in the Journal of Addiction Medicine. Mr. Krill is an attorney, board certified … Continue reading

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