Topic 1: I made a mistake on a client matter! What should I do

In this segment we discuss the what lawyers should do if they realize they have made a mistake on a client matter.

We cover:

· Determining whether the mistake needs to be reported to the client. See NY State Bar Ethics Op. 1092 (2016)

· Getting advice from in-house or outside professional responsibility counsel

· Ensuring that communications within the law firm are protected under the intra-firm privilege rule. See Stock v. Schnader Harrison, which Tyler has previously written about

· Determining whether to report the mistake to your malpractice carrier

· Lawyers should also consider the potential conflict of interest that may arise when a lawyer commits a mistake in a client-matter. We do not discuss that here but will cover it in a future episode!

Topic 2: Is the bar exam obsolete?

In this segment, we discuss advocacy efforts around the country to eliminate the bar exam and implement a "diploma privilege" that would allow graduates of accredited law schools to practice law without passing the bar.

Here are some other resources on the "diploma privilege":

· An emergency law being proposed in New York state to allow law school graduates to practice law without passing the bar, reported in Law.com

· Efforts by law graduates advocating for the diploma privilege, reported in Law360

· The disparate impact of the bar exam on people of color, as discussed in Above the Law

· Whether New York should eliminate the Uniform Bar Exam, as previously discussed on our blog

Whether the bar exam is effective at ensuring attorney competence, as discussed on the ABA website

Case Notes From Captivity

Tyler’s Case Notes: For the past two weeks, Tyler has literally been in captivity. He is heading to Vermont for a one-week vacation, so he has been completely quarantined prior to the trip, which means no going for walks or trips to the store, even with social distancing and other precautions.

Nicole’s Case Notes: Nicole has been watching the HBO show Perry Mason starring Matthew Rhys (of The Americans) whose name she could not remember during the episode. So far, it is an origin story that takes place before Perry Mason becomes a defense lawyer and offers a creative take on the classic character. 

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