2016 - Legal Ethics Advisor

Disclosure of Investigatory Documents to the SEC Does Not Waive Privilege

by Noelia Vaccaro in common interest, waiver, work product, work product privilege. Posted December 29, 2016

A company’s sharing of documents with the Securities and Exchange Commission (“SEC”) does not necessarily waive the company’s work product protection in a subsequent class action. Disclosure

Out of the Frying Pan Into the Fire? Attorney’s Voluntary Discipline Petition Denied Based Due to Inapplicability of Cited Legal Ethics Rule

by MelissaScott in Client Communication, fraud, Legal Services, Professionalism, scope of representation, Uncategorized. Posted December 27, 2016

The Georgia Supreme Court rejected an immigration attorney’s voluntary discipline petition because the attorney misapplied the ethics rules. Legal

Alaska Bar Association: Use of “Web Bugs” is Unethical

by SabrinaRishmague in confidentiality, Ethics Opinion, Legal Services, Software, Technology, web bugs. confidentiality. Posted December 22, 2016

Alaska Bar Association recently advised that the use “web bugs” to track e-mail communications with opposing counsel violates The Alaska Code of Professional Conduct.

Up in the ‘Clouds’: Illinois Finds Duty of Competence Applies to Selection of Provider

by Vincent Calarco in client confidentiality, cloud computing, competence, confidentiality, Ethics Opinion, legal ethics, Legal Services, Outsourcing, Technology. Posted December 20, 2016

This fall, the Illinois State Bar Association Committee on Professional Ethics reached two conclusions regarding use of cloud-based services. In Opin. 16-06, the Committee opined that:

An Epidemic of Law Firm Bullies? Survey Reveals Disturbing Results

by Alessandria San Roman in Bullying, Professionalism. Posted December 15, 2016

Big law industry experts Patrick McKenna and David Parnell polled 124 law firm leaders at the nation’s top 100 law firms regarding bullying in the legal field. Epidemic

Attorneys Entitled to Fees Despite Allegations of Rate Increases and Estimate Overruns

by Marissa Shulman in Attorneys Fees, client waiver, legal ethics, Legal Services. Posted December 13, 2016

In August, the Connecticut Superior Court held that a law firm accused of failing to notify its litigation clients of rate increases and estimate overruns may still recover its legal fees. Attorneys

No Love for Lawyer Who Reported Ethics Violation for Personal Benefit

by Daniel Celaya in Attorneys Fees, legal ethics, Legal Services. Posted December 8, 2016

An attorney who agreed to a fee-sharing agreement with his former firm tried to void the arrangement by claiming that there was a conflict of interest between his former firm and defendant, the Board of Education of the City of Buffalo. Love

Virginia: Conflict of Interest & Importance of Public Confidence Precludes Law Firm From Lobbying General Assembly

by William Golden in Conflict of Interest, Ethics Opinion, law firms, legal ethics, Legal Services, lobbyists. Posted December 6, 2016

The Virginia State Bar recently opined that lawyer-legislator status creates a conflict of interest such that not only is the lawyer precluded from lobbying the legislative body of which he is a member, but so too are all the other members of the consulting firm of which he is a member and law firm that owns the consulting firm.

Third Ethics Panel Dings Avvo’s Matching for Legal Services

by Anibal Manzano in Ethics Opinion, Featured. Posted November 1, 2016

Avvo Legal Services is offering a matching program to connect potential clients with lawyers. The program provides lawyers with the opportunity to offer legal services directly to consumers after a fixed price consultation. Ethics

New York City Bar: Prosecutors’ Duty to Disclose Held Broader Than Brady Standard

by Nicole Chipi in Ethics Opinion, Featured. Posted October 26, 2016

According to a recent opinion from the New York City Bar’s Ethics Committee, a prosecutor’s ethical obligation to disclose evidence favorable to a defendant is broader than the constitutional minimums imposed by the Supreme Court in Brady v. Maryland.

[…] 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

Yearly Archives: 2016