The perception that legal education halts upon completion of a Juris Doctor (JD) degree is a misguided assumption among nascent legal professionals. Continuing Legal Education (CLE) is a mandate, with adherence to this requirement being an individual responsibility; delegating it to representatives is unacceptable. A recent incident involving a Maine lawyer, who tried to delegate this obligation to an assistant, underscores this point.
The attorney at question, Donald F. Brown, a solo practitioner based in Brewer, Maine, faced a suspension for one year for violating the Maine Rules of Professional Conduct and the Maine Bar Rules. The suspension was affirmed by the Maine Supreme Judicial Court, following an appeal by Brown. The attorney’s violation emerged when he asked his assistant to attend four live seminars intended for his CLE to circumvent scheduling conflicts. The seminars demanded participants to authenticate their presence periodically, a detail overlooked by the attorney.
Beyond this misconduct, Brown was also penalized for unprofessional conduct with a client. He was representing a client undergoing divorce, and during the course of service delivery, the two got sexually involved, a blatant disregard for professional boundaries.
Being a solo practitioner is a demanding role, with responsibilities usually being shared. However, this is one of those times when one needs to handle things individually. Not only should legal practitioners avoid shortcuts to fulfilling their CLE requirements, but unnecessarily creating a paper trail that leads to these shortcuts should also be avoided. In Brown’s case, the damning evidence was derived from the text messages exchanged between Brown and his assistant. The case highlights the fact that in the legal fraternity, traceability is a critical aspect that can potentially cause significant harm.
For more detailed coverage of this case, refer to the ABA Journal report.
Also learn about the importance of discretion in the legal profession from “Better Call Saul”.
Chris Williams, a social media manager and assistant editor for Above the Law, offers further insights about the case. Read his full commentary on Above the Law.