October 2017 - Legal Ethics Advisor

Philadelphia Law Firm Sues Morgan & Morgan Over Misleading Advertisements

by Brett Silverberg in Advertising Rules, News, Outsourcing, Professionalism. Posted October 31, 2017

Rosenbaum & Associates, a Philadelphia personal injury law firm, recently filed a complaint against Morgan & Morgan, a Florida-based personal injury law firm, in the U.S. District Court for the Eastern District of Pennsylvania. The complaint alleges that Morgan & Morgan falsely advertises that it represents clients in the Philadelphia area.

D.C. Court of Appeals Out-of-State Lawyers Prohibition Challenged

by Geoffrey Marcus in Legal Services, News, Professionalism. Posted October 26, 2017

On September 15, the National Association for the Advancement of Multijurisdictional Practice (NAAMJP) filed a writ of certiorari petition appealing a D.C. Circuit Court of Appeals decision affirming local rules that bar out-of-state attorneys from practicing before Washington, D.C.’s federal court if they are not admitted to the bar where their law firm is based. NAAMJP argues that these rules are discriminatory and “deliberately sidestep the rule of law and binding precedent.” Prohibition

New York State Bar: Lawyers Offering Professional Services that are Indistinct from Legal Services Remain Subject to Rules of Professional Conduct

by Kyle Dungca in Advisory Opinion, Legal Services, News, Professionalism. Posted October 19, 2017

The New York State Bar Association (“NYSBA”) Committee on Professional Ethics has issued an advisory opinion stating that all of New York’s Rules of Professional Conduct apply to any non-legal service provided by a New York attorney when those services are indistinct from the attorney’s own legal services.

United States Supreme Court to Decide Whether Defense Attorney Can Concede Defendant’s Guilt Over Defendant’s Claim of Innocence

by Joshua Mandel in Attorney Client Relationship, News, Professionalism. Posted October 17, 2017

The United States Supreme Court has granted certiorari in McCoy v. Louisiana to decide whether a criminal defense attorney is constitutionally permitted to concede his or her client’s guilt over the defendant’s objections to such concession.

Florida Third DCA Finds No Conflict Where Attorney Sues Former Client

by Carla Menda in Conflict of Interest, News, Professionalism. Posted October 12, 2017

A decision from the Third District Court of Appeals found that two attorneys may continue to oppose each other in litigation even though one once represented the other. DCA

Florida Firm Loses Again in Dispute Over Referral Fee Agreement

by Spencer Booth in Attorneys Fees, News, Professionalism. Posted October 10, 2017

In a decision from the U.S. District Court for the District of Maryland, Florida law firm Michael E. Criden P.A. lost for the second time in its long-running effort to recover a share of $10 million in fees that another firm, Joseph Saveri Law Firm Inc., received in an antitrust litigation in California.

Written Consents Now Required When a Lawyer Subpoenas a Current Client for Another Client’s Lawsuit

by Ludovica Gardani in Conflict of Interest, Ethics Opinion, News, Professionalism. Posted October 9, 2017

According to a formal opinion issued by the New York City bar’s ethics committee, an attorney who must subpoena a current client for another client’s lawsuit typically has a conflict of interest requiring that the attorney secure informed written consent from both clients.

The Ethical Implications of Judge Posner’s New Controversial Book

by Blaine Remmick in judges, News, Pro Se, Professionalism. Posted October 6, 2017

A book published by recently-retired Judge Posner that includes copies of bench memoranda, draft opinions, and internal emails has caused some of his former colleagues to cry foul, raising ethical questions along the way.

Facebook “Friends” Aren’t Necessarily Real Friends

by Sarah Cohen in Facebook, First Amendment, judges, Professionalism, Social Media, Technology. Posted October 3, 2017

Florida’s Third District Court of Appeal has decided that a Facebook friendship doesn’t necessarily signify a close relationship warranting automatic disqualification of a judge.

[…] 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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Monthly Archives: October 2017