subject: Eye On Ethics- A Closer Look At Legal Ethical Standards [print this page] We all know that when it comes to doing the "right thing," the answers are not always black and white. Fortunately, in the legal world, ethics standards are spelled out and a system of accountability is in place. These standards are intended to protect citizens from counsel that may not have their best interest in mind. Over the years, I have heard stories of unethical practices and had many ethics-related questions from clients. These answers are intended to help you recognize unethical practice.
I was injured in a car wreck and have been out of work formonths. Money is very tight. I spoke with a lawyer and he told me he could loan me $1000 a month until my case settles. He also said that I do not have to pay interest. That sounds too good to be true. Is it?
It may be tempting, but any attorney who offers you money while they are representing you in a case, is in serious violation of ethics codes. The American Bar Association strictly prohibits all attorneys from providing any monetary support to their clients beyond the case expenses. This behavior can cause the attorney to lose his or her license to practice law.
An attorney who promises to lend money, or actually does lend money, should be reported to the Tennessee Board of Professional Responsibility at 800.486.5714. Why should you care about the ethical failings of an attorney? If the attorney is willing to risk his or her law license to get your case, do you really think you can trust them to represent you with your best interests in mind?
My attorney claims he can settle my case quickly and for more money than we could get over the long haul. Is this true?
No. Unfortunately, a quick settlement is very rarely the best settlement a plaintiff can receive. The fact is, time is crucial for most cases to gain momentum and maximize bargaining power. For example, if you are pursuing a personal injury case, it may take up to a year for a doctor to determine if the injuries are permanent.
Any attorney who tells you they can get the best settlement for you quickly, is either not being honest or is not very experienced. Often, these attorneys rush cases through the system, so that they can receive a quick payout.
