Lawyers Can Get Themselves in Trouble: Breaking Rules

Published by:
Mike Chelbet

Reviewed by:
Alistair Vigier
Last Modified: 2023-09-17
Don’t get in trouble as a lawyer. Lawyers have a duty to provide their clients with excellent legal representation, which requires upholding ethical and professional standards.
If they fail to meet these standards, lawyers can face disciplinary action that may significantly impact their reputation and practice.
One of the most common ways lawyers get into trouble is by breaching their ethical obligations. This may involve conflicts of interest, dishonesty, or failure to protect client confidentiality. For example, a lawyer could violate ethical duties by representing a client whose interests clash with another client’s or failing to disclose important information to the court.
Incompetence or negligence can also lead to disciplinary action. Lawyers can be sanctioned for failing to provide adequate legal advice, meet deadlines, or prepare effectively for a case. For instance, a lawyer may face consequences for failing to submit a crucial document on time or providing incorrect legal guidance to a client.
Being abusive or disrespectful
Lack of professionalism is another way lawyers can get into trouble. This can encompass various issues such as engaging in discriminatory behaviour, unprofessional conduct, or failing to communicate with clients.
For instance, a lawyer may face disciplinary action for being abusive or disrespectful to a client or colleague.
Engaging in criminal or fraudulent behaviour is also a serious offence that can lead to disciplinary action. This can include offences like embezzlement, perjury, or money laundering. For example, a lawyer may be disciplined for fraudulent activity related to a client’s case, such as falsifying evidence or lying in court.
Rules and regulations
Furthermore, lawyers can get into trouble for not complying with the rules and regulations set by the legal profession. This may include not maintaining proper records or violating advertising guidelines.
For instance, a lawyer may face disciplinary action for making false or misleading statements in advertisements or failing to maintain client trust accounts properly.
Lawyers need to be aware of their professional responsibilities and work hard to maintain high levels of ethical and professional conduct.
If they do not, they risk facing disciplinary action due to ethical breaches, incompetence or negligence, unprofessional conduct, criminal or fraudulent behaviour, or failure to comply with legal regulations. By staying committed to the highest standards of the legal profession, lawyers can avoid disciplinary action and ensure the best outcomes for their clients.
Story of lawyers getting in trouble
Below is a great way to get in trouble as a lawyer. I’ve noticed a negative trend in the legal industry. Many lawyers are terrified of the law society, and they want to protect themselves at the expense of their clients.
Knowing the law society as I do, their main concern is the protection of clients. They would never want a lawyer to do something at the expense of a client.
I write these articles because I want to explain the issues with law firms. Nothing will improve if we don’t talk about it. If you are a lawyer and you want to share stories with me, that I can write about on this blog, please reach out to me.
There are high rates of mental health problems in the law industry, and it’s because no one talks about the issues. Therefore, things don’t get better.
I want to improve the environment for clients and lawyers. I hope you will share this article or at least send it to a few lawyers you know.
Below is a cautionary tale that happened at another law firm. I have good relationships with other law firms, and they said I could share the story, but change all the details. None of the names or details in the story are correct.
Lawyers Must Use Technology
While some lawyers are sitting around all day, other lawyers are embracing new technology and work environments. They are making good money and making their clients happy.
The reason I share it is so lawyers can think about who lawyers work for and who pays their bills.
Is it the Law Society? Do they work for themselves? No.
They work for the clients. If the legal industry cannot help clients, then the legal industry needs to change. Old-school lawyers are having a hard time getting work.
Here is a good way to get in trouble as a lawyer
Mr. Smith was a lawyer in British Columbia and was assigned to work on a small claims file for his law firm, ABC Law. The file was for the company, CVB Inc.
After hearing of another law firm that got into trouble with the law society, Mr. Smith decided for himself that the law firm was not compliant with the law society, broke his contract with the law firm and terminated his representation with CVB Inc.
From my experience, these kinds of situations are common. The problem is that Mr. Smith did not work for the law society and it wasn’t his place to decide what law society rules are and how to enforce them.
The settlement date was coming up soon and Mr. Smith was to appear and represent CVB Inc and well as to serve the respondent prior to the settlement date.
Get In Trouble As A Lawyer
CVB Inc. received a strange email from Mr. Smith, saying he received a call from the law society that said he had to terminate his relationship with CVB Inc. due to a conflict of interest.
CVB Inc. called Mr. Smith right away, and was told the law society had called Mr. Smith, said there was a conflict of interest, and told him he could not discuss the conflict with CVB Inc.
This was the first CVB Inc. had heard of any issue, or the law society, so CVB Inc. called the Law Society (LS) to find out what was going on.
The Law Society
The person who answered at the LS was unable to find someone who called Mr. Smith. She asked CVB Inc. to send an email to the LS instead. CVB Inc. sent the following to the law society email:
“After a phone call with the lawyer representing me, he said the law society called him and said he could not act for me. I would like more information about the conflict and what I should do.
I just phoned the law society and they asked me to send an email. My court date is coming up in a few weeks and I am now unrepresented. I am very concerned.”
Don’t get information about the law society from other lawyers, get it from the law society themselves.
Further Conversations With Mr. Smith
Steve from the law society called CVB Inc confirming that the law society did not call Mr. Smith and there was no file open. Further, the law society would not have banned Mr. Smith from explaining a conflict of interest. He suggested CVB Inc. file a complaint against the lawyer since they were lied to.
CVB Inc. called Mr. Smith again and got a completely different story. Mr. Smith explained he did not know if it was the law society that called him, as it was an unknown number.
The “caller” has threatened him. A great way to get in trouble as a lawyer is to lie to your client.
The Lawyer Admitted They Lied
Upon further discussion, Mr. Smith admitted the law society did not call him. He had lied about it, and instead, he had called his aunt and a practice advisor and shared the opposing parties’ arguments.
Sharing information about a client’s case with his aunt was an obvious breach of his duty of confidentiality.
What had happened was Mr. Smith shared incorrect information about his law firm and the claimant with a practice advisor and his aunt, and the response he received back was negative.
He had somehow decided his law firm was like the law firm getting in trouble. He had asked strange questions to the practice advisor, like “Can non-lawyer’s fees be split with lawyers” and “Can you pay 40% referral fees.”
The answer he received of course was no.

Get In Trouble As A Lawyer
ABC Law had never done any of these things and had operated as a law firm for six years without any problems. The lawyers had worked themselves up into delusion.
No advance knowledge was given to the client that Mr. Smith wanted to share confidential client information to get feedback from his aunt.
Even more shocking, Mr. Smith caused damage to his client based on what was happening at another firm. A litigation lawyer needs to be able to handle stress.
No conflict was explained. But if there was a conflict between Mr. Smith, CVB Inc, and ABC Law, it should be been explored prior to Mr. Smith agreeing to act for CVB Inc.
Conflict checks must always be done at the beginning. Instead, Mr. Smith withdrew right before the settlement conference, causing damage to the client.
Don’t get in trouble as a lawyer, take care of your client, and the law society will trust you. Lawyers need to stop sitting around and thinking about how to protect themselves and help their clients instead.
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