I have a friend in the business who asked about how best to become a “badass motherfucker.” He uses this phrase whenever we get around to talking about his trial work in the ERISA area, and it’s now something he is aspiring to be. I don’t know why, but it appeals to him to have that tagline on his website and to rebrand himself successfully as the “badass motherfucker” of ERISA litigation.

While I understand the basic human desire to be feared by judges and other litigants, being a badass motherfucker at trial or in practice raises some red flags, particularly ethical red flags. While the model rules of professional conduct do not specifically address being a badass motherfucker attorney, here are two key rules to consider before going through the effort of rebranding yourself as one mean hombre.
[Read more...]