2013 - Legal Ethics Advisor

Retired Lawyer Suspended Over Lack of Email Address

by Alexandra Friz in News, Professionalism. Posted December 25, 2013

On October 17, 2013, the South Carolina Supreme Court placed a retired lawyer on interim suspension for numerous reasons, including failing to maintain a valid e-mail address.

The Right to #Humblebrag: California Court Upholds Attorney’s Web Pages as Free Speech

by Sara Solano in Advertising Rules, First Amendment. Posted December 22, 2013

A recent California Court of Appeals case found that a trial judge infringed on an attorney’s First Amendment rights when the judge ordered the attorney to remove pages from her website that advertised her success in two prior cases that contained issues analogous to a case the attorney was about to try. Upholds

Utah: A Lawyer’s Options When a Client with Diminished Capacity Refuses to Act

by Paige Comparato in Professionalism. Posted December 20, 2013

Utah Rules of Professional Conduct 1.3 and 1.14 (identical to ABA Model Rules 1.3 and 1.14) require lawyers to act diligently and to maintain to the best of the lawyer’s ability a normal client-lawyer relationship.

Up in Smoke: Lawyers’ Ethical Use of Marijuana?

by Jackson Siegal in News, Professionalism. Posted November 22, 2013

On December 1, The State of Washington will officially implement its legalization of marijuana. Smoke

Indiana Supreme Court: Attorney’s Criticism of Judge is “Good Faith Professional Advocacy”

by Jacqueline Frisch in First Amendment, News, Professionalism. Posted November 18, 2013

In Indiana, Rule 8.2(a) prohibits the making of statements that “the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.”

New York Advises as to Appropriate Time Frame for Duty to Disclose False Testimony

by Brittany Brooks in Professionalism. Posted November 16, 2013

According to the recent New York City Bar Association Committee on Professional Ethics Formal Opinion 2013-2, an attorney who knows that a client or a witness has provided false information in a court proceeding must take reasonable “remedial measures” in accordance with Rule 3.3. Advises

[…] of a non-binding advisory opinion, as has been the case with other jurisdictions such as, Florida, San Francisco, and Delaware, it is important to note that Ohio went a step further and amended its rule regarding […]

Remote Lawyering: New Jersey and Ohio On Board - Legal Ethics Advisor on Remote Work: San Francisco Bar Association Advice in Ethics Opinion 2021-1
Not all jurisdictions have adopted the Model Rule version of the choice of law rule; seems like there might be a different result in at least some of those states. See, e.g., NY RPC 8.5(b)(2)(i) ("If the lawyer is licensed to practice only in this state, the rules to be applied shall be the rules of this state").

Art Lachman on ABA Opinion 499 Green Lights Lawyers’ Passive Investment in Firms with NonLawyer Ownership

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Yearly Archives: 2013