Tip of the Month

Tip for October 2009

"Moonlighting" by Lawyers Can Lead to Discipline and Civil Liability

When a lawyer takes a case or legal matter outside the auspices of the law firm for which he works, he or she risks any number of adverse consequences.  If the law firm does not allow the practice of law outside the firm, the partner or associate risks being charged with breach of fiduciary duty, among other things.  If the moonlighting lawyer and the firm do not properly check for conflicts involving the parties reprsented by the moonlighting attorney and the adverse parties, there may be conflict of interest issues.  Lawyers who have kept legal fees for services provided to clients outside the firm have been accused of dishonesty and theft of firm property.  Malpractice committed by the lawyer may be attributed to the law firm, but such claims may not be covered by the firm's malpractice policy.

For additional information, see articles in this web site.