Monthly Archives: February 2018

Family

Keeping It All in the Family—When Should State Supreme Court Justices Recuse Themselves?

An Ohio Supreme Court Justice has become the subject of an ethics complaint that alleges the Justice decided cases in which his father was a named party, allowed his father to use the Justice’s image to promote his father’s gubernatorial campaign, and abused his clout to help his son obtain a paid internship at an Ohio county prosecutor’s office. Family
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Pennsylvania

Pennsylvania District Court Finds No Attorney-Client Privilege for Settlement Lists in Delinquent Tax Case

On February 1, 2018, a Third Circuit panel affirmed a Pennsylvania district court’s ruling in favor of the Internal Revenue Service (IRS), concluding that the attorney-client privilege does not shield an attorney’s client and settlement lists from the IRS during an investigation for delinquent taxes.
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Hampshire

New Hampshire Bar Finds Lawyer-Client Bartering is a Business Transaction

A recent opinion published by the New Hampshire Bar Association Ethics Committee finds that legal fee bartering is a business transaction with a client subject to ABA Model Rule 1.8(a) requirements, which apply a reasonable standard and include a thorough discussion with the client, the suggestion that the client seek advice from another lawyer, and written consent.
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Obligation

Ask and You May Receive: The Obligation to Deliver a Client’s File in a Specific Format

A recent opinion from the New York State Bar Association Committee on Professional Ethics finds that where a former client requests documents regarding his case, a lawyer must take reasonable measures to deliver the documents in a form in which the client can access them; however, the lawyer may charge the reasonable fees and expenses incurred in delivering the documents in the form requested. Obligation
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