October 2020 - Legal Ethics Advisor

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.

Virginia Supreme Court Issues and Rescinds Legal Ethics Opinion on the No Contact Rule

by Estefania Re in communication. Posted October 12, 2020

In January, the Virginia Supreme Court adopted Legal Ethics Opinion (LEO) 1890 regarding Rule 4.2 of the Virginia Rules of Professional Conduct.

Increased Cybercrime Leaves Attorneys Vulnerable to Breaches of Attorney-Client Privilege

by Claire Chatellier in confidentiality. Posted October 11, 2020

In a recent report, the New York Civil Liberties Union urged attorneys to bolster encryption and update the Model Rules of Professional Responsibility, amidst increasing hacking attempts. Cybercrime

Disclosing Information to Prevent Danger: When Your Clients are Those Who Contribute to Climate Change

by Brittany Milrot in confidentiality. Posted October 10, 2020

Attorneys who represent greenhouse gas emitters are finding themselves battling their own legal and ethical risks, as some states are considering an attorney’s knowledge of greenhouse gas emissions to fall under the confidentiality exception that permits disclosure of confidential information when it could prevent death or substantial bodily danger. Disclosing

A Switch to AI Could Help Law Firms Keep Talent in an Already Competitive Market

by Alec Withee in law firms. Posted October 4, 2020

Law firms are always striving to find new ways to set themselves apart from their competition in an effort to both attract and retain the best talent. The next key to achieve this end may be artificial intelligence. Switch

Is Any Information You Provide Online Secure?

by Zachary Schiffman in Bar Exam. Posted October 3, 2020

Due to the COVID-19 pandemic, many states are moving their bar examinations online. Information

[…] 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: October 2020