Lawyer Mental Wellness in the COVID-19 Era and Beyond

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Lawyer Mental Wellness in the COVID-19 Era and Beyond
Lawyers aren’t immune from the mental-health implications of the COVID-19 crisis. As social distancing has continued, the isolating practice of remote work has become the new normal. So it’s critical...
Lawyers Leading and Succeeding in a Remote-Working World
For many of us, working remotely was merely an occasional convenience—a way of catching up on work in the evening or on the weekend without having to step foot in...
To Post or Not to Post? Best Practices for Attorneys Using Social Media
You just won a major legal battle on behalf of your client. You can’t wait to post about your victory on Facebook, LinkedIn, Twitter, and Instagram. You start typing up...
Supreme Court Narrowly Holds that Discovery Rule Doesn’t Apply to FDCPA Claims but Leaves the Door Open to Application of Equitable Tolling
The Fair Debt Collection Practices Act contains a one-year statute of limitations, which runs from “the date on which the violation occurs.” While straightforward as written, federal circuits have been...
Collection Letters May Cause Anxiety, but They Don’t Necessarily Open the Courthouse Door for Litigants, Sixth Circuit Rules
The Fair Debt Collection Practices Act was originally passed to curb abusive and deceptive conduct on the part of debt collectors. But in practice, the FDCPA has become a tool...
Seven New Year’s Resolutions for the Consummate Pro
Happy New Year!  As you contemplate the year ahead and assess your professional goals for 2020, here are seven New Year’s resolutions to consider. Navigate social media with style Engagement...
Technological-Competence Requirement Comes to Michigan
You’ve probably seen some technical pitfalls. Maybe a lawyer unwittingly hit the “reply all” button. Or perhaps a lawyer failed to realize that his electronic redaction of privileged communication could...
Arbitration Clauses in Retainer Agreements: Ethical Violation or Valid Contract Term?
Many retainer agreements contain an arbitration clause for the resolution of disputes that arise from the attorney-client relationship. The Michigan State Bar Ethics Committee takes the position that arbitration clauses,...
Extortion or Legitimate Strategy? Know the Legal Limits and Consequences of Settlement Demands
Attorneys routinely use settlement demands as a method to resolve cases without the time commitment and cost associated with protracted litigation. But at a certain point, the language of a...
When Do Legal-Malpractice Claims Subsume Breach-Of-Fiduciary-Duty Claims?
Most lawsuits against attorneys involve tort claims that fall under the legal-malpractice umbrella. Yet clients often allege another tort: breach of fiduciary duty. The Court of Appeals has recognized that...
Less is More: The Art of Withdrawing From Representing a Client
In litigation, there are limited circumstances that require an attorney to withdraw from representation of a client. Barring these circumstances, most of which commonly involve illegal or fraudulent conduct on...
Protection Against Retaliation: Civil-Liability Immunity and Lawyer-Guardian ad Litems
There are some saints in the legal profession. Attorneys who accept appointments to represent the best interests of a minor in child-protective proceedings are among them. Their work isn’t lucrative,...
Sometimes the Best Defense is a Good Offense—Even on Appeal
Malpractice defendants often find themselves with a lot of company. When a transaction seems to go awry, aggrieved plaintiffs may sue every professional involved—accountants, lawyers, consultants, and their respective firms....
Deal or No Deal: But-For Causation in Transactional Legal-Malpractice Cases
Under Michigan law, the (former) client in a legal-malpractice action must prove that the attorney actually caused her injury. That means the client must prove that she would’ve achieved a...
Doing Your Homework: Recent Opinions Clarify that Failure to Research Isn’t Protected by the Attorney-Judgment Rule
In the seminal case of Simko v Blake, the Michigan Supreme Court defined the parameters of what’s become known as the “attorney-judgment rule” in the legal-malpractice context. The Court held...
FDCPA’s General Provisions Don’t Apply to Lenders or Attorneys Seeking Foreclosure
Previously, under the Sixth Circuit’s decision in Glazer v. Chase Home Financial LLC, Michigan lenders and attorneys who sought non-judicial foreclosures were treated like any other “debt collector” under the...
Hearing Panel Dismisses Complaint Based on Discipline in Tribal Court
Ordinarily, a Michigan attorney who is disciplined in another state or federal jurisdiction will face discipline in Michigan, too. Michigan attorneys also have a duty to report discipline in other...
We Don’t Do Windows: Excluding Collateral Matters from the Scope of Representation
A lawyer’s retention agreement has two general purposes.  It memorializes what the lawyer has advised the client regarding the objectives of the representation, the way those objectives will be pursued,...
Sixth Circuit Loosens Concrete-Injury Standard in FDCPA “Mini-Miranda” Cases
Fair Debt Collection Practices Act; Attorneys Class-action attorneys often use the Fair Debt Collection Practices Act (FDCPA) as a tool to turn minor, technical violations into substantial settlements. Chief among...
The Witness-Immunity Doctrine isn’t Limitless when it Comes to Expert Testimony
Attorneys retained to provide expert support or testimony aren’t immune from malpractice claims under the witness-immunity doctrine simply because their services included or intended to include expert testimony. That’s the...
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