2020 - Legal Ethics Advisor

Ransomware and Other Cyber Security Threats Continue to Plague Law Firms

by Zachary Schiffman in COVID-19. Posted November 17, 2020

According to a recent report by Coalition, a leading cyber security firm, ransomware attacks against its clients are up upwards of 260% during the initial six-month period of 2020.

Pro Bono Representation: Aspiration or Reality?

by Tazio Heller in Pro Bono. Posted November 16, 2020

The American Bar Association (“ABA”) encourages every attorney to perform at least 50 hours of pro bono legal services each year.

New York State Bar Association: Attorney May Withdraw Due to COVID Fears

by Timothy Loftus in COVID-19. Posted November 13, 2020

In early October 2020, the New York State Bar Association issued an ethics opinion advising that an immigration attorney may withdraw from a case due to fear of contracting coronavirus.

To CC or Not to CC? That is the Question.

by Paige Fairman in email. Posted November 4, 2020

On October 18th, Florida Bar Counsel tackled a pressing issue that is rarely addressed: Should you copy your client on emails to opposing counsel? CC

New York issues Ethics Opinion on Judges Writing an Editorial Opinion Piece Involving an Elected Federal Official

by Nicole Vila in judicial canons. Posted November 2, 2020

On June 18, New York’s Committee on Judicial Ethics published Opinion 20-90, which states that “[a] judge may not oppose an elected federal official or candidate for non-judicial public office in an editorial opinion piece.”

The Pandemic’s Impact on Court Reporting

by Marissa Stockwell in COVID-19. Posted October 28, 2020

Court reporters play a vital role in the court system, and like everything else, COVID-19 has put pressure on transcription services to move towards digital or artificial intelligence (AI) solutions. Impact

Professional Ethics Committee to Examine Lawyers’ Use of Online Payment Services

by Lauren Maier in payment. Posted October 26, 2020

The Florida Bar’s Professional Ethics Committee is examining the ethical ramifications of lawyers using online payment services like PayPal, Venmo, and Apple Pay.

Delegating E-Filing Responsibilities

by Jose Rivero in Florida Bar. Posted October 20, 2020

Kelly N. Smith, Assistant Ethics Counsel for the Florida Bar, recently wrote an article re-addressing issues raised by Ethics Opinion 12-2 regarding e-filings. Delegating

From “Unlicensed Practice of Law” to “Practice of Law” — How a Pandemic Sparked Discussions to Abolish Specific Jurisdiction Requirements

by Julio Torres in UPL. Posted October 19, 2020

By now, there is no doubt that the COVID-19 pandemic resulted in drastic changes in the legal profession—from conducting appellate oral arguments through video conferencing platforms, to having numerous firms shift operations remotely. Jurisdiction

Relationships with Opposing Counsel: Cordial or Conflicted?

by Fahad Al Ashban in Conflict of Interest. Posted October 17, 2020

The American Bar Association recently issued Formal Opinion 494, which analyzes relationships among opposing attorneys in the context of the material limitation prohibition of the conflict rules.

[…] 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

M	T	W	T	F	S	S
				1	2	3
4	5	6	7	8	9	10
11	12	13	14	15	16	17
18	19	20	21	22	23	24
25	26	27	28	29	30

Yearly Archives: 2020