EDITED BY:
Professor Michael H. Hoeflich, PhD, Editor-in-Chief
Carrie E. Parker, Legal Editor
Luzianne Stafford, Design & Publishing Editor
PUBLISHED BY: Joseph, Hollander & Craft LLC
PUBLICATION DATE: April 30, 2025
READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 6, No. 4
FEATURE ARTICLE: Breaking Up is Hard to Do
Because of the fiduciary nature of the lawyer-client relationship, beginning and ending representation is a more complex matter than many lawyers expect. Generally, a client may hire a lawyer willing to represent him and may terminate the representation at any time. A lawyer is also free, in almost every instance, to engage in a representation, if she so chooses, subject to Rule 1.16(a). But termination of a representation by a lawyer is not so simple. It is regulated by Rule 1.16(b). Kansas Rule of Professional Conduct 1.16 states:
(a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:
. . .
PAST & PRESENT: Judicial Resistance
History often provides valuable perspective on current events. History may not repeat itself, but people and politics often do behave similarly over the decades, if not centuries. At the beginning of the nineteenth century, the United States was a young nation and many of its governmental institutions were untested and subject to political criticism and attack by the executive and legislative branches of government.
Joseph Story was one of the most remarkable men of his age. He served as a Massachusetts state legislator, successful lawyer, professor at Harvard, and as a U.S. Supreme Court Justice sitting on the Court beside the great Chief Justice John Marshall. He cherished the independence of the judiciary and helped to shape American law. In January 1822, he wrote a letter to Jeremiah Mason, a lawyer, United States Senator, and friend. In this letter Justice Story expressed his concerns and fears for the federal courts, which were under constant assault by others in the government and in the citizenry.
The truth is and cannot be disguised, even from vulgar observation, that the Judiciary in our country is essentially feeble, and must always be open to attack from all quarters. It will perpetually thwart the wishes and views of demagogues, and it can have no places to give and no patronage to draw around it close defenders. Its only support is the wise and the good and the elevated in society; and these, as we all know, must ever remain in a discouraging minority in all Governments. If, indeed, the Judiciary is to be destroyed, I should be glad to have the decisive blow now struck, while I am young, and can return to the profession and earn an honest livelihood. If it comes in my old age, it may find me less able to bear the blow, though I hope not less firm to meet it. For the Judges of the Supreme Court there is but one course to pursue. That is, to do their duty firmly and honestly, according to their best judgements. We should poorly deserve our places, and should want common honesty, if we shrink at the threats or the injuries of public men. For one, though I have no wish to be a martyr, I trust in God I shall never be so base as to submit to intimidation, come when it may. I believe the Court will be resolute, and will be driven from its course, only when driven from the seat of Justice.
WW Story, LIFE AND LETTERS OF JOSEPH STORY (1851); vol. 1, pp. 411-412.
This also will appear in the Topeka Capital-Journal on Sunday, May 4 2025.
ETHICS & MALPRACTICE RESEARCH TIP: New Articles from the Current Index to Legal Periodicals
1. Chad Flanders, When Should Clients Call the Shots? Examining the Attorney–Client Relationship after McCoy v. Louisiana, 2023 Mich. St. L. Rev. 571 (2023).
This article deals with a key issue of constitutional rights for criminal defendants and the allocation of decision-making between client and attorney.
2. Benjamin Pomerance, A Code Too Easily Broken: Continuing Concerns Regarding the United States Supreme Court’s New Code of Conduct, 87 Alb. L. Rev. 229 (2023).
The title of this article says it all!
A BLAST FROM THE PAST: Is Legal Ethics an Exact Science?
Q. Is Legal Ethics an Exact Science?
It is not, for it has its roots in the social conditions of each successive generation and of widely differing localities or communities, and the changing conceptions of what constitutes professional service or duty. Hence it is subject to the operations of evolutionary change. It is a living organism, subject to the laws of development, as well as of decay!
Its principle of life is always Honor. Its evolutionary body of formulated duty depends on the nature of the service each generation demands of the profession.
— Henry Wynans Jessup, THE PROFESSIONAL IDEALS OF THE LAWYER. A STUDY OF LEGAL ETHICS 6 (G.A. Jennings Co., New York 1926)
READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 6, No. 4
About Joseph, Hollander & Craft LLC
Joseph, Hollander & Craft is a mid-size law firm representing criminal defense, civil defense, personal injury, and family law clients throughout Kansas and Missouri. From our offices in Kansas City, Lawrence, Overland Park, Topeka and Wichita, our team of 26 attorneys covers a lot of ground, both geographically and professionally.
We defend against life-changing criminal prosecutions. We protect children and property in divorce cases. We pursue relief for clients who have suffered catastrophic injuries or the death of a loved one due to the negligence of others. We fight allegations of professional misconduct against medical and legal practitioners, accountants, real estate agents, and others.
When your business, freedom, property, or career is at stake, you want the attorney standing beside you to be skilled, prepared, and relentless — Ready for Anything, come what may. At JHC, we pride ourselves on offering outstanding legal counsel and representation with the personal attention and professionalism our clients deserve. Learn more about our attorneys and their areas of practice, and locate a JHC office near you.