Facing Bar Complaints: How to Protect Your Practice, Your License and How to Ethically Respond

Edward X. Clinton, Jr. | The Clinton Law Firm, LLC

Ed Clinton, Jr. is a principal in the Clinton Law Firm and focuses his practice on business litigation and legal malpractice. In 1991, Ed graduated, cum laude, from Harvard Law School. He was a law clerk to the Honorable Michael S. Kanne of the United States Court of Appeals for the Seventh Circuit from September 1991 to September 1992. From 1992 to May 1996, he worked as a commercial litigation associate at Mayer, Brown & Platt. After working at Katten Muchin & Zavis, Ed joined the Clinton Law Firm in 1997 as a shareholder.

Ed has substantial experience in commercial litigation, including breach of contract, business torts, uniform commercial code, and creditors’ rights. He also has substantial experience in the formation of business entities and the negotiating and drafting of the accompanying documents, including shareholder agreements, partnership agreements and operating agreements.

Ed also has experience in representing both plaintiffs and defendants in all manner of legal malpractice claims, including claims arising out of litigation, including personal injury cases and divorce cases, failed corporate transactions, and disputed wills and trusts. Ed Clinton, Jr. also represents lawyers before the Attorney Registration and Disciplinary Commission.

In addition to his extensive litigation practice, Edward X. Clinton, Jr. serves as an expert witness in legal malpractice claims. He has written extensively on the subjects of securities regulation, consumer fraud and trial practice. His clients include doctors, lawyers, computer software companies, shareholders and corporations.

I. Basic tips on avoiding bar complaints | 2:00pm – 2:30pm

• Client selection
• Engagement letters
• Manage the trust account
• Watch liens in personal injury cases
• Don’t lose your temper, ever
• You are sad when the client fails to pay, not angry
• Quit when you should

II. When you receive the bar complaint | 2:30pm – 3:00pm

• Take a deep breath
• Don’t make things worse by contacting the client or filing a lawsuit
• Read your insurance policy
• Seriously consider hiring counsel
• After you decide you don’t need counsel, hire counsel

Break | 3:00pm – 3:10pm

III. Drafting the response to the bar complaint | 3:10pm – 3:40pm

• Be factual
• Tell the truth
• Own up to mistakes
• Emphasize why you did what you did
• Get feedback on your draft
• Be complete
• Be truthful
• Do not attack the client

IV. What to do when the Regulators ask for more information or take your deposition | 3:40pm – 4:00pm

• Be truthful and complete
• Get representation before you are interviewed

V. Takeaway | 4:00pm – 4:10pm

• Let’s be careful out there