4 ms·

I think she's quite open with the clients about what she's charging for and how she's delivering. I think "quite possibly malpractice" does a lot of work. It's

by sgt101 2y ago

I think she's quite open with the clients about what she's charging for and how she's delivering. I think "quite possibly malpractice" does a lot of work. It's "quite possibly malpractice" to use an associate to draft an opinion. The associate could secretly take photos of the document and sell them to the opposition or the press, the associate could make stuff up, the associate could get drunk in a bar and tell everyone what they are doing. Who knows. You better have appropriate management controls, working practices and training in place! Even partners do this stuff sometimes though... It could also be malpractice to use a networked computer to prepare documents - that could be hacked into and your duty of care could be shown to be breached. If there's no deception and appropriate care is taken then is there an issue?

habinero 2y ago
Yes, there absolutely could be. I'm not saying "it's probably malpractice" just to say it, I'm saying it because the ABA has put out guidelines saying that, and so have most state bars. If you're putting client data into ChatGPT, for example, that's violating your duty of confidentiality. Telling someone you're doing it doesn't excuse it. And yes, many of the other situations you mentioned would also be grounds for censure or losing your license. An associate is an attorney, you might be confusing the term with paralegal. An associate doing those things would likely lose their license. And law offices are required to use best practices for security controls.