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Well today the sole shareholder/partner asked me to draft a cease and desist letter to his girlfriend's ex-husband to fuck off. It's over some business dispute not related to the firm. The problem is he wants me to write this letter and sign my name saying I am an attorney who represents this woman. I was hired as a research assistant (pending bar results) but he decided not to make me a JA offer. By holding myself out as an attorney and representing this woman, isn't there a possibility that I might get mired into petty dispute between these terrible people? If he decides to take action or some other crap blows up wouldn't I be summoned in some litigation? Also I am not an attorney at this firm and I don't feel comfortable being used this way.

Edit: I ended up not signing it and I am glad I didn't. See below for what happened recently.

If it's no big deal, maybe the senior attorney should sign her name.

lawman84 wrote:If it's no big deal, maybe the senior attorney should sign her name.

hey i apologize for sounding rude but it's kind of a big deal for me and i'd appreciate it if you can not do this in on-topic posts.

If you're not comfortable with it (you probably shouldn't be), don't do it. What are they going to do, extra not hire you as an attorney? Politely decline and continue getting out ASAP.

Anonymous User wrote:

lawman84 wrote:If it's no big deal, maybe the senior attorney should sign her name.

hey i apologize for sounding rude but it's kind of a big deal for me and i'd appreciate it if you can not do this in on-topic posts.

It's not an unreasonable point. It seems pretty obvious he just wants to make it look like there's another attorney involved. So why can't someone else at the firm do it, especially if you're about to be let go.

Avian wrote:

Anonymous User wrote:

lawman84 wrote:If it's no big deal, maybe the senior attorney should sign her name.

hey i apologize for sounding rude but it's kind of a big deal for me and i'd appreciate it if you can not do this in on-topic posts.

It's not an unreasonable point. It seems pretty obvious he just wants to make it look like there's another attorney involved. So why can't someone else at the firm do it, especially if you're about to be let go.

I don't think he wants to let me go. I think he wants to keep me as long as he can so I can do lawyer work as a law clerk. I just found out about it because I asked my supervising attorney for a firm answer after patiently waiting for a month. So other than for whatever motivation the partner wants me to do this, is there any potential issue/liability for me if I sign my name on it? I'm concerned because the ex-husband is a psychopath fraudster and I want a clean break from this firm. With that said, if this is truly not a big deal then I'd rather not risk getting fired prematurely before I find another job.

North wrote:If you're not comfortable with it (you probably shouldn't be), don't do it. What are they going to do, extra not hire you as an attorney? Politely decline and continue getting out ASAP.

+1

And it would be foolish to fire you if you're doing good attorney work for the price of a law clerk. I don't think you're as powerless in the relationship as you might feel.

Anonymous User wrote: Well today the partner asked me to draft a cease and desist letter to his girlfriend's ex-husband to fuck off. It's over some business dispute not related to the firm. The problem is he wants me to write this letter and sign my name saying I am an attorney who represents this woman. By holding myself out as an attorney and representing this woman, isn't there a possibility that I might get mired into petty dispute between these terrible people? If he decides to take action or some other crap blows up wouldn't I be summoned in some litigation? Also I am not an attorney at this firm and I don't feel comfortable being used this way.

What do you mean that you're "not an attorney" at the firm? If you're licensed to practice law and you're drafting and signing letters on behalf of clients, you're an attorney at the firm.

Anyway, I actually don't think this is a big deal. You would send this letter using your law firm's letterhead, right? Technically, it's your law firm that represents this woman. If your relationship with the firm ends, the law firm continues to represent the client, and you'll go do whatever. I don't think you'll get "mired" in anything.

rpupkin wrote:

Anonymous User wrote: Well today the partner asked me to draft a cease and desist letter to his girlfriend's ex-husband to fuck off. It's over some business dispute not related to the firm. The problem is he wants me to write this letter and sign my name saying I am an attorney who represents this woman. By holding myself out as an attorney and representing this woman, isn't there a possibility that I might get mired into petty dispute between these terrible people? If he decides to take action or some other crap blows up wouldn't I be summoned in some litigation? Also I am not an attorney at this firm and I don't feel comfortable being used this way.

What do you mean that you're "not an attorney" at the firm? If you're licensed to practice law and you're drafting and signing letters on behalf of clients, you're an attorney at the firm.

Anyway, I actually don't think this is a big deal. You would send this letter using your law firm's letterhead, right? Technically, it's your law firm that represents this woman. If your relationship with the firm ends, the law firm continues to represent the client, and you'll go do whatever. I don't think you'll get "mired" in anything.

I was never offered an attorney position. I am a law clerk on law clerk pay. I have not yet used my title as a lawyer in any of the work here.

Yes I am going to write this using my law firm's letterhead. I am not sure the distinction you are trying to make as the letter will explicitly state that I represent this woman.

Anonymous User wrote:

rpupkin wrote:

Anonymous User wrote: Well today the partner asked me to draft a cease and desist letter to his girlfriend's ex-husband to fuck off. It's over some business dispute not related to the firm. The problem is he wants me to write this letter and sign my name saying I am an attorney who represents this woman. By holding myself out as an attorney and representing this woman, isn't there a possibility that I might get mired into petty dispute between these terrible people? If he decides to take action or some other crap blows up wouldn't I be summoned in some litigation? Also I am not an attorney at this firm and I don't feel comfortable being used this way.

What do you mean that you're "not an attorney" at the firm? If you're licensed to practice law and you're drafting and signing letters on behalf of clients, you're an attorney at the firm.

Anyway, I actually don't think this is a big deal. You would send this letter using your law firm's letterhead, right? Technically, it's your law firm that represents this woman. If your relationship with the firm ends, the law firm continues to represent the client, and you'll go do whatever. I don't think you'll get "mired" in anything.

I was never offered an attorney position. I am a law clerk on law clerk pay. I have not yet used my title as a lawyer in any of the work here.

Yes I am going to write this using my law firm's letterhead. I am not sure the distinction you are trying to make as the letter will explicitly state that I represent this woman.

I could call myself chief of TLSing at the office in all my work and it wouldn't stop me from being an attorney for my firm. Like pukin said, just because they're underpaying you doesn't make you any less of an a attorney for the firm if you are licensed.

Just don't write it. At the end of the day, it's your law license. This firm has not hired (and apparently will not hire) you to do attorney work. So, don't do it.

Out of curiosity, how is malpractice insurance handled with people like this? I don't know how the policies are typically written.

Anonymous User wrote:

rpupkin wrote:

Anonymous User wrote: Well today the partner asked me to draft a cease and desist letter to his girlfriend's ex-husband to fuck off. It's over some business dispute not related to the firm. The problem is he wants me to write this letter and sign my name saying I am an attorney who represents this woman. By holding myself out as an attorney and representing this woman, isn't there a possibility that I might get mired into petty dispute between these terrible people? If he decides to take action or some other crap blows up wouldn't I be summoned in some litigation? Also I am not an attorney at this firm and I don't feel comfortable being used this way.

What do you mean that you're "not an attorney" at the firm? If you're licensed to practice law and you're drafting and signing letters on behalf of clients, you're an attorney at the firm.

Anyway, I actually don't think this is a big deal. You would send this letter using your law firm's letterhead, right? Technically, it's your law firm that represents this woman. If your relationship with the firm ends, the law firm continues to represent the client, and you'll go do whatever. I don't think you'll get "mired" in anything.

I was never offered an attorney position. I am a law clerk on law clerk pay. I have not yet used my title as a lawyer in any of the work here.

Yes I am going to write this using my law firm's letterhead. I am not sure the distinction you are trying to make as the letter will explicitly state that I represent this woman.

I believe what pukin was getting at was that once you leave, you are not taking her as a client; she will remain with the firm.

I think you're over-thinking this, as a lot of new lawyers do. A simple cease and desist letter signed with your name is likely not going to put you in the middle of a dispute. That being said, considering this guy is apparently a lunatic and you are leaving soon, maybe don't write it. It doesn't sound like the firm is doing you any favors, so why do one for them.

I wouldn't sign it. I've been in your shoes before. The difference was that the lawyer I worked with was a nice guy and I trusted him. So I sent a cease and desist letter to the ex-husband's lawyer. The opposing lawyer wrote back threatened to sue me personally and a lot of other BS. I replied with some short smart aleck remark. But let me tell you, as a newbie, I was really worried about getting sued, though nothing ever happened. Now that I think more about it, another difference is that the lawyer I worked with actually showed me divorce decree forbidding the ex-husband to come within so many feet of his ex-wife. And the lawyer also show me pictures of the violations. So I had facts on which to base my cease and desist letter.

There were other occasions where I was asked to be the attorney of record, trustee, escrow agent, etc. When things went as planned, all was good. But when something unexpected came up, I lost quite a bit of sleep just worrying all sorts of stuff.

Anonymous User wrote:

lawman84 wrote:If it's no big deal, maybe the senior attorney should sign her name.

hey i apologize for sounding rude but it's kind of a big deal for me and i'd appreciate it if you can not do this in on-topic posts.

I'm making light of the senior attorney's comments, not you. Calm down. And I'm actually being half-serious. If she thinks it's no big deal, why can't she sign it?

You do realize that a lot of bar associations have hotlines that you can call and ask these questions?

OP here.

a sole shareholder at a small firm and his of-counsels got their asses handed by the Feds, and a federal judge sanctioned them hard by freezing the firm's and their personal assets except to pay payroll. They got caught running a scam and forging documents submitted to the court, and recently the appellate court upheld the sanctions. Also because this shareholder's name had become so toxic, other of-counsels not involved withdrew from co-counseling, fearing that judges will not look favorably on their cases. Basically the firm's money and decent lit cases dried up. They only had a few shitlaw cases to milk from.

A week ago, before the appellate decision came down, I found out in the breakroom that I wasnt gonna get a JA offer and apparently everyone knew but me. I had worked as a research assistant pending bar results (I passed). I wanted to confront the shareholder for being a pussy but instead met with him to thank him for the great experience I got (and I did working under a cool lawyer). I asked if I could stay on until I could find another job. We had a candid talk and he said I could stay on as an assistant for as long as I want. We shook hands.

Earlier this week the shareholder gave me a quick assignment towards the end of the day. Once again, it was a matter involving his girlfriend, who was being sued for fraud. I did it. He left the building. Minutes later I got called in to HR and got "laid off." HR explained being laid off was better than being fired. They assured me it was all a business decision over money and that I was a smart and excellent employee. My parting gift/severance was that the firm will not contest my unemployment claim. Apparently another employee was gonna get canned tomorrow and that person barely finished moving for this job.

I just laughed on my way home. Luckily I had not gone full retard and I knew the firm was headed to the shitter. So I had a head start on the job search and now have a few interviews lined up. Apparently the shareholder is looking for innovative ways to go back to doing the same scam that briefly made him a millionaire. He tried doing this a second time before and got caught, which led to his personal account being frozen. I guess the third time is the charm? I want to do something to get some kind of a payback but someone once told me he had never seen someone get screwed over in the long run for taking the high road. Whatever. I will move on. I hope they get disbarred after all the dust settles.