September 2020 - Legal Ethics Advisor

The Right to Discriminate: One lawyer’s Battle with The Bar for Free Speech

by Paige Fairman in 8.4 (g). Posted September 27, 2020

On August 6th a Philadelphia lawyer filed a complaint against The Pennsylvania Bar claiming that a new ethics rule infringes on his first amendment rights. Right

D.C. Joins Diploma Privilege Jurisdictions

by Tazio Heller in Diploma Privilege. Posted September 25, 2020

Diploma privilege is a hot topic among our nation’s legal communities.

ABA Ethics Advisory Opinion 490: Judges Should Avoid Criminalizing Poverty through Fines and Fees

by Nicole Vila in judicial canons. Posted September 25, 2020

Earlier this year, the ABA’s Standing Committee on Ethics and Professional Responsibility issued 490 titled Ethical Obligations of Judges in Collecting Legal Financial Obligations and Other Debts. ABA

Avoiding Malpractice in the Midst of a Pandemic

by Marissa Stockwell in COVID-19. Posted September 22, 2020

Because the “new normal” is a hotbed for malpractice claims and other expensive errors, attorneys must take care to manage their risk while practicing from home. Avoiding

Will COVID-19—and Zoom—Change the Legal Profession Forever?

by Lauren Maier in COVID-19. Posted September 22, 2020

In the age of COVID-19, Zoom, and other videoconferencing platforms, are now more essential than ever to the legal profession.

Law Practice Marketing Through COVID-19: It’s Still Possible to be Successful

by Julio Torres in Advertising Rules. Posted September 17, 2020

Although one would rightly suppose a global pandemic would severely hinder business growth, adaptation in marketing efforts and habits are conducive to a successful law practice during this uncertain time.

ABA Offers 12 Tips to Avoid Disciplinary Problems

by Jose Rivero in ABA. Posted September 15, 2020

The ABA recently published guidance designed to assist attorneys in avoiding disciplinary issues. Offers

Is The Bar Exam Another Bar to Access to Legal Services?

by Estefania Re in Bar Exam. Posted September 13, 2020

Diploma privilege discussions have been ongoing for years, but this pandemic has given new life to the movement. Exam

COVID-19 Impact and The Move to Online Platforms

by Fahad Al Ashban in law firms. Posted September 13, 2020

In a five-day International Legal Technology Association (ILTA) conference, attendees from law firms and technology companies stressed that the legal profession’s future is uncertain, due to COVID-19. Impact

Arizona Eliminates Rule 5.4 and Approves Fee-Sharing Among Lawyers and Non-Lawyers

by Claire Chatellier in fee sharing with non lawyers. Posted September 8, 2020

Arizona approved reaching access-to-justice reforms that allow non-lawyer ownership of a law firms and establish new fee-sharing guidelines.

[…] 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: September 2020