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St. Mary's Journal on Legal Malpractice & Ethics

First Page

284

Date Created

5-1-2016

Publisher

St. Mary's University School of Law

Last Page

302

Abstract

Based on the author’s personal experience with a judicial referral to a professional responsibility authority, this Essay offers lawyers a strategy to emerge from such an ordeal undisciplined. The essence of the strategy, which can be applied to a bar authority referral from any source, is to treat the process of defending oneself under such circumstances as a negotiation with bar authority counsel. The benefits of approaching such referrals as a negotiation and following the advice of Robert Fisher and William Ury about the importance of preparation, active listening, separating the people from the problem, and being hard on the problem are examined.

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