Yearly Archives: 2022

Controversial Tweet and Social Media

Another Controversial Tweet, Another Lawyer Facing Career Repercussions

Controversial tweets and posts about current events on various social media platforms has resulted in career repercussions for many lawyers and judges. Whether it is loss of employment, a judicial reprimand, or a suspension—It is a fact of our digital existence that lawyers and judges posting controversial tweets or posts about current events may suffer damage to their careers. ...
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Chatting and texting

“Chatting” or Texting with Clients During Their Testimony Led 2 Attorneys to No More Chatting or Texting with Any Clients

Arizona Attorney Suspended for Coaching Client During Virtual Cross-Examination Florida Attorney Suspended for Texting Client During a Telephonic Deposition By Jan L. Jacobowitz and Lauren Maier Chatting, texting, and suspensions, Oh My! There seems to be no number of times that is too many to remind lawyers that the legal ethics rules continue to apply ...
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Client with Diminished Capacity

Clients with Diminished Capacity: CA Provides Guidance in OP. 2021-207

The Challenge of Dealing with a Client with Diminished Capacity: CA OP 2021-207 There is not much guidance beyond the legal ethics rules for attorneys who represent a client that may have diminished capacity. The State Bar of California’s Committee on Professional Responsibility & Conduct (COPRAC) has provided some specific guidance in its recently issued ...
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selective focus photo of lensball on asphalt road

Crystal Ball Conflicts? Nevada Issues 1.7 Advice on Advance Conflict Waivers

Advance Conflict Waivers–Viable or Problematic? In 2021, the State Bar of Nevada Standing Committee on Ethics and Professional Responsibility published Formal Opinion No. 58, addressing the permissibility of prospective conflict waivers (also known as “future conflict waivers” or “advance conflict waivers”) under Nevada Rule of Professional Conduct 1.7 Under Nevada Rule 1.7(b), a client may ...
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Client Dishonesty

Client Lies at a Deposition–What’s a Lawyer to Do?

Client Lies: Texas Bar Issues Opinion 692 to Address A Lawyer’s Responsibility A client lies during a deposition. The lawyer know…what should the lawyer do? Recently, the Professional Ethics Committee for the State Bar of Texas published Opinion No. 692, regarding a lawyer’s requirement to correct false statements made by the lawyer’s client during a deposition ...
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