Ethics Governance
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http://www.wsba.org/media/publications/barnews/ethics/feb-98-ethics.htm What to do When You Make a Big Mistake by Barrie Althoff, WSBA Chief Disciplinary Counsel. Opinions expressed herein are the author's and are not official or unofficial WSBA positions. The practice of law is a learned profession requiring knowledge and skills. You cannot know, or be expected to know, everything, nor can you always perform as skillfully as you should. Sometimes you do not know what you should know, you do not handle a matter with the requisite skill, or you simply forget things. Most likely at some time in your practice you have made, or will make, a big mistake. This article briefly considers your ethical obligations as a lawyer when you make that big mistake. It looks at some of the applicable Rules of Professional Conduct (RPCs) to determine what obligations you must satisfy under those rules to avoid discipline as a result of your having made the big mistake. It also assumes that, while you want to know what the minimum level of required conduct is, you also want to serve your clients at far better than the merely ethical level. This article suggests some ways to better serve your clients and the profession when you make the big mistake. It also asks some questions about what ethical level of practice you want for yourself and for the profession. RPC 1.1 requires you to provide "competent representation" to your client. "Competent" means that you must have "the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." "Competent" does not mean "perfect," nor does it mean "without any mistakes." It does mean, however, representation without material (big) mistakes. Full Article: http://www.wsba.org/media/publications/barnews/ethics/feb-98-ethics.htm |
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