Throughout the career of any attorney, ethical situations will arise. Ethical questions and situations can present a gray area requiring the consideration of varied perspectives to reach an effective yet safe resolution. It can be difficult for a lawyer to make the proper decision when faced with an ethical situation where the wrong choice could result in a grievance or malpractice claim. For this reason, we provide answers for attorneys who are struggling with these ethical questions.
Ethics opinions provide advice and guidance to attorneys. They can be formal or informal opinions from bar associations, or they can be private opinions issued by ethics counsel. An ethics opinion is important as it not only provides guidance, it also can be a mitigating factor as they demonstrate due diligence and establish a lawyer’s intent to act appropriately.
Many bar association opinions can resolve your concerns and advise you as to the right way to proceed. But often a novel issue arises, or an attorney’s situation is so fact-specific that bar opinions are not applicable or are not dispositive. In these circumstances, a private ethics opinion addressing a specific fact pattern set out by the inquiring attorney can be of extreme importance. A lawyer facing a questionable action should consider obtaining an ethics opinion tailored to their specific situation before they act. This will help avoid prohibited conduct and demonstrate due diligence where the expert opinion suggests or approves a course of conduct.
Our firm has issued numerous opinions that have helped other attorneys avoid potential misconduct charges, malpractice situations, and loss of legal fees. We have also helped many attorneys achieve certain desired goals ethically and professionally, such as setting up collateral businesses, marketing programs, etc. We have been able to do this because our practice is focused exclusively on working with lawyers. We have in depth knowledge of issues facing attorneys and have helped numerous lawyers and law firms navigate the gray areas as they arise and before they result in a grievance or disciplinary proceeding.
The McDonough & McDonough team offers the legal knowledge and experienced perspective you need to navigate your situation. The representation and legal support of attorneys and law students is all we do, so we can provide you with unmatched experience and unwavering focus on the details of your case. Contact us today to discuss your unique circumstances and get started on your case.