Have you ever had a phone call from a potential client that feels like your state regulatory authority has launched a secret shopper program designed to catch you in an ethics trap?

Seriously, the caller launches into a scenario that sounds like a bar exam ethics question.

It contains conflicts of interest, potential perjury, and possible use of your trust account to perpetrate a fraud.

You know that no real person could dream up this scenario. It could only have been devised by a law school professor with excess time.

The bar has paid someone to present this scenario and entrap you so it can disbar a whole bunch of lawyers in a giant sting operation, right?

That’s certainly how it feels.

I know it’s not really the state bar, but it sure feels that way.

How to respond?

One option, and it makes perfect sense, is to walk away from the craziness. Just say no. Refer the prospect to your sworn enemy, and step away from the table.

Another option is to call your friendly ethics counsel.

Ethics counsel? Yes, ethics counsel. You should have someone on your speed dial.

In some states, you can call someone who works for your state bar and that person will answer questions. Call me paranoid, but I don’t like that idea. While I like my state bar personally, I recognize that we aren’t always on the same side of every issue. It doesn’t quite feel right for me to call the bar to ask my questions.

I’d rather talk to someone independent.

That’s why I’ve found a lawyer practicing in the field of defending attorneys dealing with licensing issues. When my firm is presented with these crazy scenarios, we call or e-mail her, and she promptly responds. I like having someone accessible who knows what to do.

Our attorney has a background of working for our state licensing agency. She knows the ins and outs, and she has worked with many of the players in the past. She has a feel for what matters and what doesn’t. She can help us stay far away from trouble.

It’s important that you line someone up now before you need to make the call. You want to have an arrangement in place so you know what to expect in terms of fees, response time, etc. Go ahead and meet with the attorney now so you’ll have a feel for how the interaction will work. You want to be able to act quickly when the need for information arises.

Now, when that mystery shopper calls our office, we have a plan. We know the right person to call, and we’re certain to provide the right response to those challenging questions.