Jonathan Portuondo, Author at Legal Ethics Advisor

Failure to Disclose Material Errors to Current Clients Will Result in Ethics Violations for Lawyers

by Jonathan Portuondo in Attorney Client Relationship, Ethics Opinion, Legal Services, News, Professionalism. Posted May 9, 2018

The American Bar Association recently published an opinion finding that lawyers who fail to disclose material errors relating to representation to their clients are in violation of their professional duty under Model Rule 1.4. Failure

Timeshare Corp’s Lawsuit Against Law Firm for False & Misleading Advertising Survives Motion to Dismiss

by Jonathan Portuondo in Advertising, Attorney Client Relationship, News, Professionalism. Posted February 22, 2018

A Florida U.S. District Court denied a law firm’s motion to dismiss a lawsuit that alleges that the firm employs false and misleading advertising to obtain and encourage clients to breach timeshare contracts.

Multiple Attorneys Removed from Cases Due to Conflicts of Interest with Guardian Oversight and Attorney-Hospital Relationships

by Jonathan Portuondo in Attorney Client Relationship, Conflict of Interest, News, Professionalism. Posted November 3, 2017

In two recent opinions, Michigan and South Carolina courts have removed attorneys from multiple cases where investigations revealed that they were abusing their powers as clients’ guardians and conservators.

[…] 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 Jonathan Portuondo

Failure to Disclose Material Errors to Current Clients Will Result in Ethics Violations for Lawyers

Timeshare Corp’s Lawsuit Against Law Firm for False & Misleading Advertising Survives Motion to Dismiss

Multiple Attorneys Removed from Cases Due to Conflicts of Interest with Guardian Oversight and Attorney-Hospital Relationships