Lawyers who must respond to grievances do so at great personal, financial and professional expense. Responding to a grievance often is an agonizing process, even for those who are blameless. This article offers some suggestions for avoiding grievances and for responding to BAPR when necessary. Defensive lawyering Like cobblers whose children go barefoot, lawyers often exercise their skills least well on their own behalf. Many of the good habits practiced for the benefit of clients are not observed for the lawyer's own sake.
Some protective measures are self-evident.
Others are not. In the long run, careful regulation benefits the bar, just as an aggressive State Patrol benefits motorists - so long as it's not in your rearview mirror. Document files with notes regarding phone conversations or verbal agreements with clients. You will not recall these events to the extent necessary to be persuasive in a fight, and the absence of notes may be used to support an inference that these conversations never happened. Insist upon written contracts or waivers even under circumstances where doing so might appear overly formal.