Joshua Mandel, Author at Legal Ethics Advisor

NYSBA Finds Lawyer’s Investment “Too Great a Financial Stake in The Litigation”

by Joshua Mandel in Attorney Client Relationship, Conflict of Interest, Ethics Opinion, News, Professionalism. Posted April 10, 2018

A recent ethics opinion from the New York State Bar Association (“NYSBA”) found that a lawyer and his or her law firm is forbidden from representing a client in litigation funded by a company in which the lawyer invests.

United States Supreme Court to Decide Whether Defense Attorney Can Concede Defendant’s Guilt Over Defendant’s Claim of Innocence

by Joshua Mandel in Attorney Client Relationship, News, Professionalism. Posted October 17, 2017

The United States Supreme Court has granted certiorari in McCoy v. Louisiana to decide whether a criminal defense attorney is constitutionally permitted to concede his or her client’s guilt over the defendant’s objections to such concession.

[…] 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 Joshua Mandel

NYSBA Finds Lawyer’s Investment “Too Great a Financial Stake in The Litigation”

Proposed Amendments to Modernize ABA Model Rules on Attorney Communications

United States Supreme Court to Decide Whether Defense Attorney Can Concede Defendant’s Guilt Over Defendant’s Claim of Innocence