Unhappy Lawyers - Part 1: Making the Partners of Law Firms Ethically Responsible for the Well-Being of Their Lawyers

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In meeting ethical obligations, we lawyers tend to focus on the nature of our legal advice and potential conflicts related to our clients’ identities. But there is an entire, deep conversation that centers on our ability to stay focused on our clients’ matters without distractions due to how we conduct our personal lives. That conversation must include the ethical obligation of the licensed lawyers, also bound by the same ethical rules as all lawyers, who overwork the lawyers in their firms, knowing they won’t complain because the stigma of the profession keeps them silent. The day is coming when a firm of lawyers will be held liable to the families of lawyers in the firm for failing to do what can be done to address unhealthy behaviors that occur out of sight; the bigger and wealthier the firm, the greater will be the potential for liability when a lawyer has a breakdown or takes their own life. This hour will raise questions about how law firms indirectly injure their clients by failing to consider the emotional and mental well-being of the lawyers who try to do too much and find their personal lives suffering from the fallout. As with all things, awareness of how we (and the lawyers in our charge) may be disserving our clients is the first step to inner harmony and job satisfaction. Discussion will include the following ABA Model Rules: 1.1 (Competence); 1.3 (Diligence); 1.4 (Communications); 1.7 (Conflict with current clients); 3.2 (Expediting Litigation); 5.1 (Responsibility of Partner or Supervisory lawyer).

 

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