Legal Ethics and Malpractice

One of only two firms awarded Best Lawyers top rank for legal ethics and professional liability law, HWG counsels lawyers, practice groups, companies and law firms on complex ethical issues that profoundly impact the course of individual careers and business decisions.

Our ethics team, all experienced litigators, represent lawyers and law firms in civil litigation, criminal investigations, and disciplinary matters.

HWG’s ethics team has significant experience counseling lawyers and law firms on business issues, particularly on matters involving operations, conflicts of interest, and lateral moves.

As widely published authors, active members of state and national committees that shape professional responsibility and legal ethics rules, adjunct legal ethics professors at law schools including Georgetown and Duke, and frequent speakers on professional responsibility topics, HWG’s ethics lawyers have a nuanced understanding of the rules and their application as well as a deep dedication to their clients.

Our ethics team also plays an active role in shaping development of ethics and professional responsibility rules in key jurisdictions.  Members of our team serve—or have previously served—on the following committees: D.C. Bar’s Global Legal Practice Committee; D.C. Bar’s Legal Ethics Committee; D.C. Bar Rules of Professional Conduct Review Committee; D.C. Circuit’s Advisory Committee on Admissions and Grievances; North Carolina Bar Ethics Committee; and the American Bar Association’s Standing Committee on Ethics and Professional Responsibility.

HWG has been recognized for our smart and effective lawyering, including by Best Lawyers, which recognized a member of our team multiple times as Washington, D.C., Ethics and Professional Responsibility Lawyer of the Year and Legal Malpractice Law – Defendants Lawyer of the Year.

Disciplinary Actions

HWG frequently represents individuals responding to bar and disciplinary board investigations and complaints in the District of Columbia, Maryland, North Carolina, the U.S. Department of Justice’s Office of Professional Responsibility and before the U.S. Patent and Trademark Office’s Office of Enrollment and Discipline.

We have participated in all aspects of the disciplinary process from complaint responses to hearings and appeal. Our responses to inquiries have led to the outright dismissal of complaints without any adverse action against our clients.

Outside Ethics Counsel

HWG serves as outside ethics counsel to dozens of law firms, including many with global footprints. We regularly advise law firms on issues involving conflicts among existing, former and prospective clients. We also advise law firms in all phases their operations from formation and organization to internal disputes, dissolutions, and bankruptcies. HWG has assisted law firms in documenting bank loans, drafting and amending partnership agreements, drafting form retainer letters, and other matters necessary to law practice.

In addition to serving as outside ethics counsel to law firms, HWG offers pro bono representation to organizations that provide access to justice to underserved populations. These organizations include the Washington Lawyers’ Committee, Bread for the City, and the Mid-Atlantic Innocence Project.

Malpractice + Civil Litigation

Legal malpractice, disqualification and sanctions litigation often require litigating both the propriety of lawyers’ actions and litigating the underlying “case within a case.” Discovery in these cases often involves millions of pages of documents, and extensive law and motions practice. There are few accusations of legal malpractice or disqualification that we have not confronted for our clients. We have considerable background both on the plaintiff and defense side with subtle and complicated issues relating to causation, statues of limitation, the attorney-client relationship, and privacy. Damages often present knotty issues in legal malpractice cases, and our extensive experience litigating such cases gives us added insight.

Lawyer Moves

HWG counsels lawyers and law firms regarding ethical issues surrounding lateral attorney moves.

Advising Individual Attorneys and Practice Groups on Lateral Moves

We regularly advise lawyers contemplating lateral moves regarding the requisite ethical rules—including notice and client-file obligations—and the negotiation process.  We work with our clients to make the transition to new law firms or other organizations as seamless as possible.

Advising on Potential Conflict of Interests

HWG serves as independent counsel to law firms to investigate potential conflicts for lateral lawyer candidates.  In this role, HWG gathers material information and determines if any conflict issues exist without revealing confidential information or waiving privilege.  If a conflict issue arises, we provide advice on resolving the issue. HWG also advises law firms and other organizations on the best way to navigate conflicts that may arise with current, former, or prospective clients.

Litigation Financing / Emerging Issues

HWG advises law firms and parties on emerging issues in the legal industry.  This includes:

• Counseling law firms on litigation funding arrangements;
• Advising litigation funders on key ethical issues surrounding funding agreements;
• Advising law firms on non-lawyer partners; and
• Addressing the ethical issues presented by social media.

Criminal Litigation + Investigations

HWG’s ethics team has significant experience defending clients in criminal proceedings and investigations where ethical questions play a critical role. We have defended lawyers against criminal charges while navigating attorney client privilege issues and the confidentiality requirements under the ethics rules.

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