2018 - Page 3 of 5 - Legal Ethics Advisor

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.

Ohio Supreme Court Proposes Amendment to Code of Judicial Conduct That Would Require Resignation Before Announcing Candidacy to a Nonjudicial Office

by Yasbel Perez in First Amendment, judges, News, Professionalism. Posted April 25, 2018

The Ohio Supreme Court has proposed an amendment to the Ohio Code of Judicial Conduct that would require Ohio judges to resign from judicial office before announcing or taking any action in furtherance of candidacy for any non-judicial office. The Proposal adds the term “Candidate” and defines it as

Florida Supreme Court Adopts Amendments to Attorney Referral Rules that Allow for Non-Lawyer Ownership of a Lawyer Referral Service

by Carla Menda in Legal Services, News, Professionalism, Referral Services, Services, Technology. Posted April 23, 2018

In an opinion issued on March 8, 2018, the Florida Supreme Court amended the lawyer referral rules under 4-7.22 making significant changes to the rule by broadening definitions, categorizing referral companies as “qualifying providers” and “matching services”, and removing the requirement that lawyer referral services include a disclaimer.

New York State Bar Approves Paying Fees in a Criminal Matter from Personal Injury Settlement

by Lina Mesa in Attorney Client Relationship, Attorneys Fees, Ethics Opinion, Legal Services, News, Professionalism. Posted April 17, 2018

According to a recent opinion from the New York State Bar Association Committee on Professional Ethics, attorneys who represent a client in both a criminal and civil matter are permitted to use the proceeds from the civil case to cover legal fees in the criminal defense matter.

Protecting Prospective Clients with Diminished Capacity

by Geoffrey Marcus in Attorney Client Relationship, confidentiality, Ethics Opinion, News, Professionalism. Posted April 13, 2018

A recent opinion from the New York City Bar Association’s Committee on Professional Ethics finds that a lawyer may disclose a limited amount of confidential information when a prospective client with serious diminished capacity is at risk of substantial physical, financial, or other harm. Protecting

NYSBA Finds Lawyer’s Investment “Too Great a Financial Stake in The Litigation”

by Joshua Mandel in Attorney Client Relationship, Conflict of Interest, Ethics Opinion, News, Professionalism. Posted April 10, 2018

A recent ethics opinion from the New York State Bar Association (“NYSBA”) found that a lawyer and his or her law firm is forbidden from representing a client in litigation funded by a company in which the lawyer invests.

Attorney is Disqualified From Representing Parent After Partner Served as GAL

by mchernandez in Attorney Client Relationship, Conflict of Interest, Ethics Opinion, News, Professionalism. Posted April 5, 2018

According to a recent opinion from the Illinois State Bar Association, a lawyer cannot represent a parent in a custody or child support case because another lawyer at the firm, who had worked as a solo practitioner previously, had represented the child as a court-appointed guardian ad litem in a visitation matter. Attorney

Florida Supreme Court Broadens the Definition of Attorney Referral Services

by Ludovica Gardani in Attorney Client Relationship, Attorneys Fees, Legal Services, News, Professionalism. Posted April 3, 2018

On March 8, 2018, the Florida Supreme Court broadened the definition of lawyer referral services under rule 4-7.22 to include the compliance of non-attorney-owned directories and other online companies.

[…] 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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Yearly Archives: 2018 ( Page 3 )