November 2017 - Legal Ethics Advisor

Marijuana Businesses Spark Tensions Between State and Federal Law

by Yasbel Perez in Attorney Client Relationship, Marijuana, News, Professionalism. Posted November 28, 2017

As expected, a surge of new businesses emerged in response to the state-level legalization of marijuana, which is currently legal in twenty-nine states, including Florida. This not only gave rise to a new form of business, but also allowed attorneys specializing in start-up companies to increase their clientele.

Insurance Counsel Can’t Advise Client on Misrepresentation

by Spencer Booth in Attorney Client Relationship, confidentiality, Conflict of Interest, Ethics Opinion, News, Professionalism. Posted November 22, 2017

The New York County Bar Association's Ethics Committee published an opinion advising that an insurance defense lawyer cannot advise the insured whether to inform the insurance carrier about false information or a misrepresentation on the insured's application.

$9M Sanctions Against Florida Tobacco Lawyers for Frivolous Claims

by Sarah Cohen in Attorney Client Relationship, News, Professionalism. Posted November 16, 2017

On October 18, two Florida lawyers were ordered to pay more than $9 million in sanctions for pursuing over a thousand nonviable claims in tobacco litigation.

Update on the Ethical Implications of Ex-Judge Posner’s New Book

by Ignazio Renzi in Advisory Opinion, judges, News, Pro Se, Professionalism. Posted November 14, 2017

After causing an uproar from his former colleagues with his new book, Reforming the Federal Judiciary: My Former Court Needs to Overhaul Its Staff Attorney Program and Begin Televising Its Oral Arguments, recently-retired Judge Posner has moved forward with his crusade with the announcement that he will be representing pro se litigants. Ethical

Bloomberg Law Trains Machine to Highlight Legal Points

by Zachary Sonenblum in Attorney Client Relationship, confidentiality, News, Outsourcing, Professionalism, Services, Software, Technology. Posted November 9, 2017

On September 26, 2017, Bloomberg Law unveiled an AI program called “Points of Law,” a service that allows users to quickly identify and analyze language in a judicial opinion.

No Implied Authorization: Consent is Key to Discuss Intentions of Deceased Client’s Will in Colorado

by Lilli Balik in Attorney Client Relationship, confidentiality, News, Professionalism. Posted November 7, 2017

The Colorado Bar Association Ethics Committee recently published an opinion finding that will-drafting attorneys cannot volunteer information about a deceased client’s intentions to their beneficiaries without the previous consent of the client or their agent. Authorization

Multiple Attorneys Removed from Cases Due to Conflicts of Interest with Guardian Oversight and Attorney-Hospital Relationships

by Jonathan Portuondo in Attorney Client Relationship, Conflict of Interest, News, Professionalism. Posted November 3, 2017

In two recent opinions, Michigan and South Carolina courts have removed attorneys from multiple cases where investigations revealed that they were abusing their powers as clients’ guardians and conservators.

[…] 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: November 2017