2021 - Page 3 of 4 - Legal Ethics Advisor

New York Lawyer Rental Office Business for Lawyers Ok’d By NYSBA 1223

When New York Lawyers are Your Renters Rather than Your Clients As the pandemic winds down and folks return to work, there is a lot of discussion about the work place—remote, in person, or hybrid—and the nature of a post COVID work space. In New York one lawyer recently submitted an inquiry to the New ...

Florida Approves Remote Work in Opinion SC20-1220

by Jan Jacobowitz in ABA Opinion, Advisory Opinion, Florida, Florida Bar, Florida Supreme Court, UPL. Posted May 28, 2021

New Jersey Lawyer May Work Remotely from Florida On May 20, 2021, the Florida Supreme Court approved an UPL Advisory Opinion that was filed with the Court in August 2020 and responded to a New Jersey Attorney’s inquiry as to whether he could practice New Jersey law from Florida without violating the unauthorized practice of ...

Civility 101 Homework: Judge Strikes Pleadings & Orders Deletion of “Jerry Springer” Vibe

by Jan Jacobowitz in communication, competence, Lawyers, legal ethics, Professionalism. Posted May 19, 2021

Civility 101 for Lawyers: Don’t Cross the Line Between Zealous Advocacy and Incivility The need for civility among lawyers is an age old topic. By nature the legal system is an adversarial one in which there are winners and losers. Civility factors into not whether you win or lose, but rather how you play the ...

Gig’s Up in NJ: Are You Really a #1, Super, Duper, Top-Rated, Best Lawyer?

by Jan Jacobowitz in Attorney Advertising. Posted May 11, 2021

The New Jersey Supreme Court’s Committee on Attorney Advertising Demands Verifiable “Super” Awards and Honors Last week New Jersey’s Supreme Court Committee on Attorney Advertising issued a notice cautioning lawyers that terms like “super,” “top,” “best,” and “rising star” that may be awarded to lawyers by various organizations may only be used in advertising if ...

Dealing with Online Vitriol: Florida Bar to Consider Amending The Confidentiality Rule 4-1.6

by Jan Jacobowitz in ABA Opinion, Advisory Opinion, Bar Opinion, client confidentiality, electronic communication, Ethics Opinion, negative online reviews, online comments, social media. Posted May 4, 2021

Online Vitriol: Amending Confidentiality Rule 4-1.6 and Proposed Opinion 21-1 on Third Party Criticism At its recent meeting, The Florida Bar’s Professional Ethics Committee approved an amendment to Florida Bar Rule 4-1.6 Confidentiality that would provide a limited exception to permit lawyers to respond when they suffer an online vitriol attack from a former client ...

What Does Lawyer Well-Being 2021 Have to Do With Legal Ethics?

by Jan Jacobowitz in Lawyers, legalethics. Posted May 1, 2021

Explore Lawyer Well-Being Week, May 3rd, for the Answers Lawyer Well-Being and Legal Ethics The answer to the question falls into the category of “everything.” Why? It has been well-documented that not only does the legal profession suffer a disproportionately high statistical evidence of stress, depression, suicide, substance abuse, and other mental well-being challenges, but ...

Judges on Facebook 2.0—California Offers New Advice

by Jan Jacobowitz in judges on Facebook, judicial canons, judicial ethics, Social Media. Posted April 29, 2021

California Opinion 2021-42 Provides Advice for Judges Commenting on Law Related Topics The California Supreme Court Committee on Judicial Ethics Opinions (“Committee”) issued Expedited Opinion 2021-42 yesterday to provide additional guidance to judges who want to make statements on Facebook concerning “legislation related to the law, the legal system, and the administration of justice.” The ...

Geo-Fencing: Abusive or Astute Attorney Advertising?

by Jan Jacobowitz in Advertising, Advertising Rules, Attorney Advertising, electronic communication, legal ethics, New Jersey, Uncategorized. Posted April 20, 2021

New Jersey Opinion 46 Addresses Geo-Fencing Lawyers have discovered the electronic marketing techniques referred to as geo-fencing or geo-targeting and have inquired about the propriety of their use in attorney advertising. The New Jersey Committee on Attorney Advertising has recently responded in Opinion 46 with guidance that permits geo-fencing with specific limitations. A bit of ...

Venmo Your Lawyer? New Freedom with Opinion 21-2

by Jan Jacobowitz in Attorney Client Relationship, Attorney Fees, client confidentiality. Posted April 15, 2021

Florida Bar Proposed Advisory Opinion 21-2 Advises on Venmo, PayPal, and Other Payment Apps The Florida Bar recently released Proposed Advisory Opinion 21-2 that provides guidance for lawyers that want to accept payment for legal fees through a web-based payment processing system like Venmo or Pay Pal. The Opinion advises that use of a web-based ...

Law Firms & Powerful Advertising: Trade Names 2.O

by Jan Jacobowitz in Advertising Rules, Attorney Advertising. Posted April 13, 2021

Is an URL a Trade Name? In the past few years, several states have loosened their restrictions on law firm names. New York, New Jersey, and Texas have all concluded that a trade name that is not misleading is permissible. (In fact, Texas revised all of its advertising rules—7.01 (c)discusses law firm names.)See our prior ...

[…] 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

Yearly Archives: 2021 ( Page 3 )