2018 - Page 5 of 5 - Legal Ethics Advisor

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

by Niki Namazi in Attorney Client Relationship, confidentiality, News, Professionalism. Posted February 20, 2018

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.

Non-Resident New York Defense Counsel Disqualified: Virtual Office Space Insufficient

by Carla Menda in News, Professionalism. Posted February 15, 2018

A non-resident New York attorney and a California firm serving as co-counsel were disqualified from representing the defendants in a New York case based upon the plaintiff’s motion that alleged, in part, that defense counsel did not maintain a physical office space in the state of New York.

U.S. Supreme Court Chief Justice and Ninth Circuit to Study Workplace Code of Conduct

by Mariam Grigoryan in judges, News, Professionalism. Posted February 13, 2018

Allegations of sexual harassment in the workplace have recently been in the forefront of the country’s major news stories, and the judicial branch is no exception. In fact, in his end of the year report on the judiciary U.S. Supreme Court Chief Justice John Roberts noted

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

by Lina Mesa in Advisory Opinion, Attorney Client Relationship, Attorneys Fees, News, Professionalism. Posted February 8, 2018

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.

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

by Geoffrey Marcus in Attorney Client Relationship, Attorneys Fees, confidentiality, Ethics Opinion, Professionalism, Services, Software, Technology. Posted February 6, 2018

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

Ohio Joins New York in Approving the Use of Virtual Law Firms

by Yasbel Perez in Advertising, Advisory Opinion, confidentiality, Legal Services, Professionalism, Technology. Posted February 2, 2018

In a recent Board Advisory Opinion, Ohio joined other states, like New York, Pennsylvania, North Carolina, and New Jersey, in approving the use of virtual law firms.

Joint Clients Need Warning Even if Interests Align

by Madeline Kleinberg in Attorney Client Relationship, Conflict of Interest, Ethics Opinion, Professionalism. Posted January 25, 2018

In a recent ethics opinion, the New York City Bar Association Committee on Professional Ethics advised attorneys asked to simultaneously represent multiple clients to communicate the potential dangers of joint representation, even in situations where the clients’ interests appear to be aligned.

Conflicts of Interest? New York Advises on Law School Clinic and Nonprofit Collaboration

by Marissa Shulman in Conflict of Interest, Ethics Opinion, Legal Services, Professionalism. Posted January 23, 2018

The New York State Bar Association’s Committee on Professional Ethics, recently advised that a legal clinic pursuing claims on behalf of indigent clients is not “associated” with its co-counsel, a nonprofit legal services organization, for the purposes of imputing conflicts of interest.

The ABA Draws a Brightline for Judges Conducting Independent Factual Research

by Daniel Celaya in Ethics Opinion, judges, News, Professionalism, Social Media, Technology. Posted January 16, 2018

The American Bar Association’s latest formal opinion prohibits judges from conducting independent research on adjudicative facts unless the information is subject to judicial notice. However, judges are permitted to use the Internet to search for general contextual information and to research legislative facts. Brightline

[…] 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 5 )