St. Mary's University School of Law
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.
Weathering the Worst Storm: How Attorneys Might Successfully Defend Their Reputation Against Attack from the Bench,
St. Mary's Journal on Legal Malpractice & Ethics
Available at: https://commons.stmarytx.edu/lmej/vol6/iss2/5