Elizabeth Gil, Author at Legal Ethics Advisor

Conflicted? Representing Criminal Defendants When Your Partner Becomes The District Attorney

by Elizabeth Gil in Conflict of Interest, Ethics Opinion, Legal Services. Posted July 4, 2017

Recently, the New York State Bar Association (N.Y.S.B.A.) Committee on Professional Ethics held that a lawyer may represent clients in a criminal defense case being prosecuted by the district attorney who was once a partner at the lawyer’s firm given that two conditions are met.

Public Defenders and Part-time Judges: Duties under the Misconduct Rule

by Elizabeth Gil in Ethics Opinion, Featured, News, Professionalism. Posted April 17, 2017

Recently, the New York State Bar Association (N.Y.S.B.A.) Committee on Professional Ethics held that a public defender may not represent a client in the court where another public defender is a part-time judge because to do so would violate the public defender’s duties under Rule 8.4(f)—Misconduct. Defenders

Hey “Darling,” There’s No More “Honey” In The Courtroom

by Elizabeth Gil in 8.4 (g), discrimination, News, Professionalism, Rules of Professional Conduct. Posted September 3, 2016

The American Bar Association (ABA) House of Delegates passed Resolution 109, which states that it is a violation of professional responsibility to discriminate or harass in conduct related to the practice of law. Darling

Duty To Notify Clients When Their Files Are Accidentally Destroyed

by Elizabeth Gil in Legal Services, Professionalism. Posted November 11, 2015

Accidents happen. However, when an unforeseen disaster or accident results in the destruction of client files, an attorney may have an ethical obligation to notify current and former clients according to the Association of the Bar of the City of New York Committee on Professional Ethics.

Indiana Advisory Opinion on Reporting Child Abuse: Attorneys’ Obligations & Constraints

by Elizabeth Gil in News, Professionalism. Posted October 5, 2015

What happens when an Indiana lawyer learns, while representing a client, that a child is a victim of abuse or neglect?

[…] 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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Articles Posted by Elizabeth Gil

Conflicted? Representing Criminal Defendants When Your Partner Becomes The District Attorney

Public Defenders and Part-time Judges: Duties under the Misconduct Rule

Hey “Darling,” There’s No More “Honey” In The Courtroom

New Social Media Opinions: West Virginia and Colorado

Duty To Notify Clients When Their Files Are Accidentally Destroyed

Indiana Advisory Opinion on Reporting Child Abuse: Attorneys’ Obligations & Constraints