Attorneys
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Education

Harvard Law School, J.D., 1971

Yale University, B.A., 1965

Photo of Mark W. Foster

Mark W. Foster

Overview
Experience
News
Affiliations

Mark W. Foster represents and counsels a wide variety of law firms and lawyers on professional ethics and legal malpractice matters, disciplinary cases, bar admissions, unauthorized practice problems, partnership questions, real estate leases, and bank financing. He advises law firm managing partners, general counsels, and administrators concerning ethics compliance programs, conflicts of interest, trust accounting, lateral recruiting and hiring, and lawyer departures.

Mr. Foster has dealt extensively with ethics problems confronted by lawyers in large practices and small as a litigator, counselor, and expert witness. He is also experienced in complex issues such as alliances between law firms and non-lawyers, partnerships with non-lawyers, the rights and responsibilities of partners to each other, and the migration of partners and practices between law firms. Mr. Foster has served as a mediator and an arbitrator, typically in law firm disputes and dissolutions. His practice also includes commercial transactions, such as business formation and dissolution, financing, and related issues. He has decades of litigation experience in civil and criminal jury and non-jury trials. He has been a voting delegate to most of the District of Columbia judicial conferences, as well as to a number of federal judicial conferences.

Mr. Foster has taught at The George Washington University Law School, the National Institute of Trial Advocacy, and for the continuing legal education program of the District of Columbia Bar. His courses have included trial technique, conflicts of interest, trust accounting, ethics, and advocacy.

Before entering private practice, Mr. Foster worked for the Public Defender Service of the District of Columbia as a staff attorney for three years and as the chief of its Felony Trial Division for one year. He formed Moore & Foster, P.C., in 1976 and was a partner there until the firm merged with Zuckerman Spaeder LLP in 1983.

Professional Highlights

  • Former Chair, Vice Chair and Member of the District of Columbia Board of Professional Responsibility 1982-88; Former Member and Vice Chair of the D.C. Bar Legal Ethics Committee 1992-99; Former Member of the D.C. Bar Rules Revision Committee 1992-99.
  • Testified as an expert witness on ethics and related matters on over twenty occasions in both state and federal cases.
  • Litigated to verdict over 30 civil and criminal cases. 
  • Obtained summary judgment on all counts in malpractice suit in federal court for an AmLaw 100 firm in 2009.
  • Obtained a dismissal of a $30 million malpractice lawsuit filed by a major defense contractor prior to any discovery and only five months after the complaint was filed.
  • Represented newly established law firm in negotiating novel financing arrangements and professional cooperation agreement with large accounting firm.

News

Mentioned & Quoted

Appearances

Publications

Bar Admissions

Court Admissions

Academic Appointments

  • Adjunct Professor of Law, The George Washington University Law School

Professional Affiliations

  • Former Member and Vice Chair, Legal Ethics Committee, District of Columbia Bar (1993-1999)
  • Former Member, Committee to Study Revisions of the Rules of Professional Conduct, District of Columbia Bar (1992-1999)
  • Former Member, Disciplinary System Review Committee, District of Columbia Bar (1992-1993)
  • Former Chair, Board on Professional Responsibility, District of Columbia Court of Appeals (1984-1988)
  • Former Member and Vice Chair, Board on Professional Responsibility, District of Columbia Court of Appeals (1982–1983)
  • Former Member, Hearing Committee #6, Board on Professional Responsibility, District of Columbia Court of Appeals (1980-1982)

Community Involvement

  • Board of Trustees, Studio Theatre

Offices