The Lawyer's Lawyer –Consulting for Attorneys
As the U.S. Supreme Court has noted, "[t]he adage that 'a lawyer who represents himself has a fool for a client' is the product of years of experience by seasoned litigators." Kay v. Ehrler, 499 U.S. 432, 438 (1991). "Even a skilled lawyer who represents himself is at a disadvantage in contested litigation. Ethical considerations may make it inappropriate for him to appear as a witness. He is deprived of the judgment of an independent third party in framing the theory of the case, evaluating alternative methods of presenting the evidence, cross-examining hostile witnesses, formulating legal arguments, and in making sure that reason, rather than emotion, dictates the proper tactical response to unforeseen developments in the courtroom. " Id.
Jim King is a highly experienced consultant for lawyers. With offices in San Diego, he has advised other fellow attorneys in the Los Angeles area as well as nationwide. Examples of the areas in which Mr. King has rendered advice to attorneys, in a confidential consulting capacity, are:
- Drafting fee agreements for unusual situations;
- Drafting fee agreements for a valid "true retainer" (in one instance for a million dollars);
- Drafting proper waivers of conflicts of interest;
- Bringing and responding to motions for sanctions;
- E-discovery obligations;
- Responding to client messages (usually e-mails) which convey unhappiness with the attorney's performance or bills, or which overtly challenge the attorney;
- Dealing with obnoxious opposing counsel in a professional manner;
- Dealing with irascible judges;
- Client trust funds;
- Determining whether, and if so how, to withdraw as counsel;
- Complying with the advertising and solicitation rules;
- Avoiding the unauthorized practice of law;
- Complying with the new and changing ethical rules on outsourcing legal work;
- Bringing action to collect legal fees.
In addition to advising client-attorneys on these subjects, Mr. King has also testified as an expert witness and acted as an arbitrator. Each of these three roles is complementary to the others– Mr. King's expertise translates well whether viewing the situation from the perspective of an advocate, a decider, or as an expert.
Choose "The Lawyer's Lawyer" for Confidential, Practical Advice
For confidential, practical advice and consultation regarding your legal practice, talk to a lawyer with over 30 years of experience as a practicing attorney as well as a qualified expert witness on the practice of law and legal ethics. Contact Jim King, Esq. for assistance.