May 2018 - Legal Ethics Advisor

Lawyer Participation in Online Legal Referral Services

by Brett Silverberg in Advisory Opinion, Attorney Client Relationship, Attorneys Fees, Ethics Opinion, News, Professionalism. Posted May 17, 2018

In its first ever formal advisory ethics opinion, the Indiana Supreme Court Disciplinary Commission addressed whether attorneys could use an online legal referral service in exchange for a marketing fee. Lawyer

Failure to Disclose Material Errors to Current Clients Will Result in Ethics Violations for Lawyers

by Jonathan Portuondo in Attorney Client Relationship, Ethics Opinion, Legal Services, News, Professionalism. Posted May 9, 2018

The American Bar Association recently published an opinion finding that lawyers who fail to disclose material errors relating to representation to their clients are in violation of their professional duty under Model Rule 1.4. Failure

Is This Mic On? Recording Interviews to Gain an Edge in Litigation

by Blaine Remmick in Interviews, Legal Services, News, Professionalism. Posted May 3, 2018

A California patent and trademark law firm is facing potential sanctions after it recorded and used the statements of an interviewee to bolster its complaint in a recently filed lawsuit against a trademark filing service. Recording

DOJ: Florida Bar Not Immune to Antitrust Liability Under Sherman Act

by Niki Namazi in Attorneys Fees, Legal Services, Professionalism, Referral Services. Posted May 1, 2018

On March 12, 2018, the United States Department of Justice issued a Statement of Interest in the case of TIKD Services LLC, v. The Florida Bar, et al., arguing that The Florida Bar is neither immune nor exempt from antitrust liability under the Sherman Antitrust Act.

[…] 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: May 2018

Lawyer Participation in Online Legal Referral Services

Failure to Disclose Material Errors to Current Clients Will Result in Ethics Violations for Lawyers

Is This Mic On? Recording Interviews to Gain an Edge in Litigation

DOJ: Florida Bar Not Immune to Antitrust Liability Under Sherman Act