The perils of being everybody’s lawyer

Once in awhile, lawyers whose practices involve business transactions are asked to represent both sides to a transaction.

On the surface, this seems like a reasonable plan:  why waste money on separate representation when no one is at odds with anyone else?

Everybody’s happy – they are all about to embark on a journey that will net them lots of money, and they don’t need a lawyer to rain on their parade.

These adventures rarely end well.

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Insults: $1.00

Reuters reports that a schoolteacher and a beautician have sued CNN for $1.3 billion for violating the dignity and reputation of the Chinese people.

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Not good.

This post, from Legal Profession Blog, made me cringe.

Counsel shows up in court, woefully unprepared, and actually states at one point that he “[tries] not to read that many cases”.

I was reminded of an appearance I made once in Master Michael Funduk’s chambers, when he was sitting as a registrar in bankruptcy.

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Nicholas White’s elevator ride

Overlawyered posted this comment on a New Yorker article about Nicholas White, who spent 41 hours trapped in an elevator, and then sued.  Rather than return to work when he got out of the elevator, he spent eight weeks in Anguilla, lost his job, spent all his money, and then settled for what appears to be not a whole lot of money, although he isn’t at liberty to say how much.

The title to Ted Frank’s article suggests Nicholas White’s lawyers made their client worse off than he was before he sued.  I disagree.

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When to bow out

Mary M. Cheh recently published a paper for the Social Science Research Network, entitled, “Should Lawyers Participate in Rigged Systems:  The Case of the Military Commissions”.

Professor Cheh argues that these tribunals are governed by rules of evidence and procedure that are fundamentally unfair.  The accused can be convicted on secret evidence, hearsay, and evidence obtained by torture and coercion, and there is no civilian judicial review.  Under such circumstances, Professor Cheh argues that counsel who refuse to participate in proceedings before those tribunals take a stance that is fully defensible from an ethical point of view.

Professor Cheh’s paper raises an interesting question.  The Military Commissions are not the only example in recent memory where participation by ethical counsel seems to be questionable.

Under what other circumstances is it appropriate for a lawyer to refuse to participate?

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