Yearly Archives: 2021

probate

S.C. Probate Judge Under Fire Again for Facebook Posts

by in judges, judges on Facebook, judicial canons, Social Media. Posted November 4, 2021
Although not an attorney, a South Carolina probate judge’s social media use constituted impermissible judicial conduct A South Carolina probate judge has had a second run-in with the state supreme court for impermissible social media posts. In an order published on October 13, 2021, the South Carolina Supreme Court issued Judge Kenneth “Kenny” E. Johns, ...
Tags Judges Judicial ethics Social media South Carolina
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Client with Diminished Capacity

Improving Attorney-Client Communication: ABA Formal Opinion 500

by in Attorney Client Relationship, Client Communication, Nonlawyer. Posted October 29, 2021
The ABA provides guidance on how to navigate attorney-client communication obstacles, such as language barriers Lawyers unsure about their client’s ability to understand their case or their attorney’s advice should hire a translator to avoid possible communication pitfalls, according to the American Bar Association’s (“ABA”) newly issued Formal Opinion 500, Language Access in the Client-Lawyer ...
Tags American Bar Association Client communication Legal ethics
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Florida

Florida Supreme Court: Ticket Defense App Is Engaged in The Unlicensed Practice of Law

by in Florida Supreme Court, legal ethics, UPL. Posted October 27, 2021
In a controversial decision, Florida’s highest court held that a nonlawyer ticket defense app was providing legal services In a 4-3 decision, the Florida Supreme Court held that TIKD, a traffic ticket defense app, was engaged in the unlicensed practice of law (“UPL”). In doing so, the court declined to adopt the referee’s recommendation of ...
Tags Non-lawyer Unlicensed practice of law
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remote work

Remote Lawyering: New Jersey and Ohio On Board

by in New Jersey, Ohio, Remote Work, UPL. Posted October 14, 2021
New Jersey joins other jurisdictions in providing guidance for lawyers working remotely, while Ohio implements 5.5 Rule Amendment As we continue to see the pandemic’s lasting effects on the practice of law, more states provide guidance on how to navigate the new era of practicing law remotely. Next up: New Jersey and Ohio. Although New ...
Tags Remote work Unlicensed practice of law Working from home
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pro se attorney

Pro Se Attorney Under Fire in Illinois for Provocative Statements During His Divorce Proceedings

by in discipline, Lawyers, Pro Se, Professionalism. Posted October 12, 2021
Pro Se Attorney’s Offensive Statements to Judge and Opposing Counsel Result in Disciplinary Case A pro se Des Plaines, Illinois attorney had a run-in with the Illinois Attorney Registration & Disciplinary Commission (“IARDC”) after making provocative statements while representing himself in divorce proceedings initiated by his estranged wife. The complaint, filed by the IARDC on ...
Tags First Amendment Freedom of speech Misconduct professionalism
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social media

New Jersey Issues a Social Media Mulligan, But Warns Lawyers that Social Media Competence is Required

by in Lawyers, legalethics, New Jersey, Social Media. Posted October 7, 2021
Social Media Savvy Required for Lawyers The Supreme Court of New Jersey issued an order in which it declined to impose discipline on an attorney for his improper use of Facebook in 2007.  The decision stems from events that began in 2007, when attorney John Robertelli, according to  the Supreme Court of New Jersey Opinion, ...
Tags attorney discipline New Jersey
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Passive Investment in ABS

ABA Opinion 499 Green Lights Lawyers’ Passive Investment in Firms with NonLawyer Ownership

by in ABA Opinion, Alternative Business Structure, Rule 5.4. Posted October 5, 2021
Despite ABA Green Light, States May Not Embrace Passive Investment in Alternative Business Structures An Alternative Business Structure (“ABS”) that permits lawyers and nonlawyers to collaborate and share revenue has become a hot, revolutionary topic in the rapidly evolving practice of law.  In fact, Arizona has deleted Rule 5.4, which prohibits lawyers from being in ...
Tags ABS Alternative Business Structure Arizona Passive Investment Utah
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Remote Work

Remote Work: San Francisco Bar Association Advice in Ethics Opinion 2021-1

by in Remote Work, Rules of Professional Conduct. Posted September 21, 2021
The Remote Work Discussion Continues The Bar Association of San Francisco recently released Ethics Opinion 2021-1, addressing whether lawyers who practice law remotely from another jurisdiction where they are not licensed are engaging in the unauthorized practice of law. The Opinion comes on the heels of the State Bar of California Standing Committee on Professional ...
Tags Remote work Rule 5.5 San Francisco Bar Association UPL
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Data

Loss of 22 Terabytes of Police Data Shakes the City of Dallas’ Criminal Courts

by in cybersecurity, data breach. Posted September 16, 2021
Data Loss and Cybersecurity Remain Top Priorities for Legal Profession A massive amount of police data was lost in a City of Dallas file transfer, but then more missing data was discovered. Although in a different context, this is yet another reminder for law firms and attorneys generally to implement and revise data maintenance and ...
Tags criminal courts Cybersecurity data loss legalethics prosecution
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Controversial Tweet and Social Media

First Amendment v. Judicial Canons Part 2

by in First Amendment, judges on Facebook, judicial canons, judicial misconduct, Social Media. Posted September 9, 2021
Another Georgia Judge Defending Her Social Media Posts As Compliant with Judicial Canons The Judicial Canons and social media are once again the focus of judicial woes in Georgia. On July 22, the Georgia Judicial Qualifications Commission (JQC) filed formal charges against Douglas County Probate Judge Christina Peterson, accusing the Judge of four counts of ...
Tags First Amendment Georgia Judges Judicial Canons Social media
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