To represent and protect their clients’ best interests, law firms must uphold the strictest ethical standards. Yet while most firms strive to achieve the highest levels of accountability, they sometimes take shortcuts in vetting new attorneys or providing ongoing ethics education. These lapses can negatively impact a firm’s ability to advocate on their clients’ behalf, leading to severe and even dire consequences.
Late last year, Nichole Humes confessed to posing as an attorney with the Dorothy Butler Law Firm in Texas. Over four years, she took payment from at least 20 individuals for legal services she was unqualified to perform. Humes confessed to providing legal advice to clients and negotiating with opposing counsel even though the State Bar of Texas did not list her as a licensed attorney. She was charged with holding oneself as a lawyer, a third-degree felony in Texas, and faced up to 10 years in prison, which was reduced to five years’ probation as part of a plea deal.
Humes’ deceptive actions didn’t just defraud clients and damage the public’s trust in the legal industry. They also created downstream consequences for the firm, which had listed Humes as a senior associate attorney on their website. As a result, the firm’s owner, Dorothy Lawrence, received a two-year probated suspension and a public reprimand from the State Bar of Texas.
Taking a stance for client advocacy
Law firms are entrusted with the responsibility of advocating for their clients. Doing so ensures clients receive fair treatment and ethical representation. By acting with integrity as diligent advocates, law firms create a foundation of trust within their communities.
Conversely, lapses in client advocacy can significantly damage a firm’s reputation and erode credibility. Ethical lapses also open the door for malpractice claims, disciplinary actions and legal penalties, all of which create additional financial and reputational risks for law firms.
Best practices to uphold the highest ethical standards
Firms looking to strengthen their commitment to client advocacy—and avoid lapses in ethics—should implement these three best practices:
- Vet all employees thoroughly. Verify the credentials and qualifications of all job candidates during the hiring process. Ensure all attorneys are licensed to practice in your state. Check for past disciplinary actions. Always ask for and follow up with references provided by job candidates.
- Implement ongoing ethics training. Require all firm employees to take refresher courses on their ethical and client advocacy responsibilities at least annually. Additionally, establish clear policies and procedures for client representation, confidentiality and conflict of interest.
- Create a culture of integrity. Reward and recognize ethical behavior. Show employees what client advocacy looks like by asking lawyers and other staffers to share their success stories.
Ethical lapses can happen at any time, but firms that commit themselves to client advocacy will reduce their risks significantly and secure their good standing in the community. Furthermore, firms that partner with an insurer specializing in protecting law firms can tap into risk management resources and additional advocacy best practices. Learn more about First Indemnity’s Professional Liability Insurance Offerings at https://firstindemnity.net/insurance-products/professional-liability/.