Monthly Archives: October 2021

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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