In the legal profession, attorneys often encounter clients in desperate circumstances seeking hope and guidance through a complex and time-consuming legal landscape. Many legal professionals aim to build trusting relationships with these clients, grounded in integrity and a realistic understanding of the law. However, some see these vulnerable situations as opportunities to profit, exploiting clients’ limited knowledge of the legal system. Such deceptive practices pose significant reputational and financial risks to the firms they represent.
Earlier this year, California attorney Aaron Spolin faced 18 disciplinary charges from the California State Bar. Spolin was accused of charging incarcerated individuals and their families to file resentencing requests regardless of meeting the necessary criteria. The law under which he argued these resentencing requests allowed California District Attorneys to recommend the resentencing of nonviolent crimes. The District Attorney’s office later said they would not accept applications from attorneys or the public. Spolin continued to file requests on behalf of several people serving long-term sentences for violent crimes and charging them for his services. In one case, Spolin supposedly directed the family of a man serving a 160-year life sentence for violent crimes to submit a resentencing request without informing them it would likely be denied. The man’s sister was charged over $17,500 for the case. In a similar situation, Spolin charged another family $26,700 for services, even after the LA County District Attorney informed him such request would not be considered.
An attorney like Spolin can garner a reputation as a go-getter, someone willing to pursue unlikely outcomes. But when that attorney is inevitably investigated for ethical violations, law firm leadership will be left to clean up the aftermath. Here are a couple red flags to help protect firms and clients from deceptive practices:
- Promises that Seem Too Good to Be True: Attorneys who boast about quick or unlikely outcomes while constantly attracting new clients may raise a red flag. Law firm leadership should monitor each attorney’s client retention patterns and examine cases where clients leave unsatisfied. A revolving door of clients might indicate questionable practices that warrant further investigation into the attorney’s work.
- The “Lone Wolf” Approach: While an overly popular attorney may signal trouble, so can those who operate in isolation. Attorneys who remain vague or provide minimal detail in case discussions may be attempting to conceal their workloads or intentions. Law firms should implement communication protocols to ensure attorneys transparently report their cases and maintain comprehensive records. Such protocols make it easier to identify those who may be intentionally keeping a low profile.
While preventing deception in law firms is ideal, savvy attorneys may operate undetected by leadership for years. In situations like Spolin’s, a law firm’s legal malpractice insurance would prove ineffective, as the attorney intentionally deceived his clients. To protect against such risks, law firms might consider a crime policy that offers more comprehensive coverage for theft, fraud, forgery and more. An insurance professional who specializes in the legal insurance can be a valuable resource in identifying the need for a commercial crime policy and other coverages to safeguard the firm.
The legal profession is not immune to bad actors who can cause significant problems for both law firms and their clients. Law firms should take proactive steps to foster a culture of transparency, ensuring attorneys are held accountable and that the best interests of clients remain top priorities. By implementing effective risk management strategies and consulting with an insurance expert in the legal space, firms can better ensure all their clients receive fair and effective counsel. For more information on First Indemnity’s Professional Liability Insurance offerings, please visit https://firstindemnity.net/insurance-products/professional-liability/.