Lawyer Protector: Integrating the Rules of Professional Conduct into Daily Law Firm Practice

I. Introduction

Regardless of size, age, practice area(s), or geographic location, every law firm can be safer and provide better client service through simple procedures anchored on the Rules of Professional Conduct (RPC or the Rules).

A. The RPC

While each state's version of the RPC are different, they "provide a framework for the ethical practice of law." See, ABA Model Rule's Scope [16].

The Rules aim to protect clients, lawyers, and society by establishing boundaries for appropriate behavior, helping lawyers avoid potential risks and ethical violations. The Rules also provide a framework for resolving disputes between lawyers and clients, as well as between lawyers themselves. Finally, adherence to the Rules prevents legal malpractice claims, providing additional protection for lawyers in their practice.

B. Importance of adhering to the RPC in daily law firm practice

Much more important than passing the MPRE for the bar exam or a dusty tome to crack open after there's a problem, the RPC provide a daily regimen for better practice. Unfortunately, the Rules are generally a professional afterthought, reduced by most lawyers in private practice to: don't comingle funds or lie to the court. Daily contact with the Rules, even those that do not appear to apply to every lawyer, such as Rule 1.12 (Former Judge, etc.), provides essential risk management and elevates the quality of your practice.

II. The Method

The Lawyer Protector Method uses Education, Systems, Plans and Teams to integrate the RPC into all facets of a law firm, developing better and safer practice. Simplicity and practicality are key when transporting the esoteric Rules from their ivory tower down to the actual practice of law in the trenches.

Education - based on the Rules ensures that all lawyers and staff are aware of the ethical and professional conduct expected, reducing the risk of ethics issues and allegations of malpractice.

This is best achieved through:

1. daily interaction with the Rules

2. purposeful CLEs (planned and dictated by the firm, not a marathon crammed in during the last week to check off the compliance box)

3. marketing ed - firm-wide initiatives to teach CLEs, write articles, present webinars, etc. exploring the Rules as they interact with your legal subject area(s)

Systems - based on the Rules, provides a powerful framework for avoiding and handling ethical dilemmas and conflicts before they arise. Targeting major areas of risk for all law firms (conflicts, laterals, trust accounts, etc.) and risk specific to your practice areas, Rules-based systems aim to prevent common problems by ethically addressing known sources of risk.

Plans - mistakes happen, accepting this and using the Rules to come up with responses to common (and uncommon) risk scenarios saves you precious time. Reviewing and testing your Plans lets your firm stay at the forefront of changes in the law and Rules as well as adapting to evolving market conditions. The opposite of the head in the sand approach, Plans let you attack your risks and convert them into opportunities.

Teams - formed from your front office to back, top to bottom and outside of your firm (with vendors, clients and counsel) are key to implementing and enforcing the use of the Rules to achieve your goal: better and safer practice. Too many firms fail to use all of their available human resources, focusing only on their lawyers or specifically retained staff (such as a cyber security vendor). Overlapping and redundant responsibilities, better your odds that all, or at least most, of the balls stay in the air.

III. Conclusion

The Method incorporating Education, Systems, Plans, and Teams based on the Rules protects law firms by promoting a culture of ethical and professional conduct, reduces ethics, malpractice and other risks, and provides a clear, workable framework for preventing problems.

By using the Method to 'build a fence around' the Rules law firms can reduce, transfer and avoid many of their common risks while providing better service.

Not a set and forget approach, the Method must be periodically reviewed, tested and updated to grow with your firm.

Let's chat about safer practice and less stress.