September 2013 - Legal Ethics Advisor

Fork it Over! Why Work E-mail Accounts Are Not Privileged

by Jacqueline Frisch in News. Posted September 27, 2013

Earlier this month, the Delaware Chancery Court decided that corporate officials do not have a reasonable expectation of privacy in work e-mail accounts. Alarming? I think so…

Prosecutor Thanks Juror, Tom Hanks, and Prompts Motion for a Mistrial

by Sean Holas in News, Professionalism. Posted September 25, 2013

People tend to come up with outrageous excuses to relieve them of jury duty. However, this was not the case for award winning actor Tom Hanks, who was selected for jury duty in a domestic violence trial because both sides felt his answers during voir dire were truthful and he did not give any reason for skirting his civic duty. Thanks

Associate Found Liable for Malicious Prosecution Despite Partner’s Decision to Proceed

by Mike Kranzler in News, Professionalism. Posted September 23, 2013

“Every attorney admitted to practice in this state (California) has independent duties that are not reduced or eliminated because a superior has directed a certain course of action.” malicious

To Ghost Write, or Not to Ghost Write, that is the Ethical Question

by Alexis Alvarez in News, Professionalism. Posted September 19, 2013

The 11th Circuit recently ruled that two attorneys did not violate the Florida Rules of Professional conduct for not signing a standard pre-formatted Chapter 13 petition for bankruptcy that they helped a pro se litigant prepare. Ghost

Faster than a Speeding Bullet! More Annoying than an Unsolicited Fax!

by Mike Kranzler in Advertising Rules, News. Posted September 17, 2013

Chief Judge Frank H. Easterbrook of the U.S. Court of Appeals for the Seventh Circuit affirmed an earlier class action summary judgment ruling against Illinois Attorney Greg P. Faster

Done Deed…

by Gina Villar in News. Posted September 15, 2013

Last month, the Ohio Board on the Unauthorized Practice of Law (“UPL Board”) recommended that the Ohio Supreme Court charge Thomas Jones Jr., a contractor, with a $10,000 civil penalty for preparing illegal quitclaim deeds. According to the UPL Board, Mr. Jones used these quitclaim deeds to take over certain properties from previous owners. Done

[…] 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

Monthly Archives: September 2013