This time of year, most people are looking
to make (or re-make) their resolutions
for the upcoming year. To help you out, Ethics
Counsel Travis Pickens presents his top ten ethics
tips you can use to plan your year.
1. Know that the Office of Ethics Counsel is for you.
The Office of Ethics Counsel was created to provide
all Oklahoma lawyers a resource for specific
and confidential guidance as to ethics questions and to encourage
the proactive consideration and handling of ethics issues. It is
for you, no one else.
2. Discover the resources that are available to attorneys on ethics
issues through this web site.
The “Ethics & Professionalism”
tab is your door to all
the applicable rules, and a world of ethics
materials, opinions, tips and articles. It
is the best place to start.
The OBA Legal Ethics Advisory Panel will provide
written opinions on ethics issues of general
interest and prospective application. You can
find the guidelines for submission here.
4. Re-read “the book” (the Oklahoma Rules of Professional Conduct),
and the comments.
Occasionally, you need to “read the book” again,
as opposed to reading “about the book”. It
will only take an hour or two, and the comments
are well done and helpful.
5. Conflicts can kill — control them.
Review, tighten and maintain your conflict controls.
Most questions this office gets relate to whether
a conflict exists or not. Be careful!
6. Help your associates and staff measure up.
Lawyers who supervise other lawyers or non-attorney
assistants must put measures in place to ensure
compliance with the ORPC. The measures should be clear and concrete.
7. Write and use a comprehensive fee agreement.
Nothing alone is a more important tool in creating
healthy client relationships, avoiding bar complaints
and malpractice claims. You work to make your clients’ contracts
perfect — does it make sense to do something less for yourself, or
nothing at all?
8. Plan time off. You will take it regardless.
You can either plan breaks and vacations, or
go to work all the time and take them anyway,
at your desk. You will enjoy other places more.
9. Learn from the mistakes of others.
One of the best
places to learn what to do and what not to
do is a reported case involving a disciplinary
violation. It focuses the mind. Very few
lawyers intentionally hurt a client, but many
get sloppy. Remain vigilant.
10. Embrace technological advances.
Ignoring technological advances may soon take
you out of the “eccentric” category and place
you firmly in the “incompetent” category. Clients
expect you to be up to speed electronically,
and increasingly, so do courts. Any questions?
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