Today is known as Law Day. It is a day of observance that originated in 1957 when President Charles Rhyne of the American Bar Association wanted a way to celebrate the US legal system. The following year, US President Dwight Eisenhower officially established Law Day by issuing a proclamation. It is now an annual tradition for each President to issue a Law Day proclamation on May 1st. The theme for this year's Law Day is The 14th Amendment: Transforming American Democracy. To learn m...

The file destruction issue is a mix of malpractice and ethics issues. In short, there is no "one time period fits all files" answer. Each file must be reviewed by a lawyer with these matters in mind. Malpractice considerations - Maintain file for minimum time period for running of statute of limitations (SOL) on a legal malpractice claim, generally two years. Note that SOL may not begin to run until the malpractice is discovered. In some circumstances files may have to be mainta...

Clients frequently ask us: "Can we sue for fees?" While we don't encourage suing for fees, we know that lawyers should not be ‘shut out' of availing themselves of the courts to be paid on contractual obligations. Before you sue for fees, follow these guidelines: First, review the file for any potential legal malpractice in the representation (or actions that could be in good faith claimed to be malpractice) that could defeat the fee claim. Have another lawyer in ...