Articles Posted by Lauren Maier

  • Home
  • Articles Posted by Lauren Maier
Controversial Tweet and Social Media

Another Controversial Tweet, Another Lawyer Facing Career Repercussions

by in legalethics, Social Media, Twitter. Posted March 16, 2022
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. ...
Tags Controversial tweet Legal ethics Social media
Read more
Client with Diminished Capacity

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

by in Advisory Opinion, Attorney Client Relationship, Client Communication. Posted February 7, 2022
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 ...
Read more
selective focus photo of lensball on asphalt road

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

by in client waiver, client-lawyer relationship, Conflict of Interest. Posted January 25, 2022
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 ...
Tags Conflict of interest future conflicts
Read more
Client Dishonesty

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

by in Advisory Opinion, Attorney Client Relationship, Client Communication, client confidentiality, Uncategorized. Posted January 18, 2022
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 ...
Tags Client Lies Legal ethics
Read more
probate

S.C. Probate Judge Under Fire Again for Facebook Posts

by in judges, judges on Facebook, judicial canons, Social Media. Posted November 4, 2021
Although not an attorney, a South Carolina probate judge’s social media use constituted impermissible judicial conduct A South Carolina probate judge has had a second run-in with the state supreme court for impermissible social media posts. In an order published on October 13, 2021, the South Carolina Supreme Court issued Judge Kenneth “Kenny” E. Johns, ...
Tags Judges Judicial ethics Social media South Carolina
Read more
Client with Diminished Capacity

Improving Attorney-Client Communication: ABA Formal Opinion 500

by in Attorney Client Relationship, Client Communication, Nonlawyer. Posted October 29, 2021
The ABA provides guidance on how to navigate attorney-client communication obstacles, such as language barriers Lawyers unsure about their client’s ability to understand their case or their attorney’s advice should hire a translator to avoid possible communication pitfalls, according to the American Bar Association’s (“ABA”) newly issued Formal Opinion 500, Language Access in the Client-Lawyer ...
Tags American Bar Association Client communication Legal ethics
Read more
pro se attorney

Pro Se Attorney Under Fire in Illinois for Provocative Statements During His Divorce Proceedings

by in discipline, Lawyers, Pro Se, Professionalism. Posted October 12, 2021
Pro Se Attorney’s Offensive Statements to Judge and Opposing Counsel Result in Disciplinary Case A pro se Des Plaines, Illinois attorney had a run-in with the Illinois Attorney Registration & Disciplinary Commission (“IARDC”) after making provocative statements while representing himself in divorce proceedings initiated by his estranged wife. The complaint, filed by the IARDC on ...
Tags First Amendment Freedom of speech Misconduct professionalism
Read more
social media

New Jersey Issues a Social Media Mulligan, But Warns Lawyers that Social Media Competence is Required

by in Lawyers, legalethics, New Jersey, Social Media. Posted October 7, 2021
Social Media Savvy Required for Lawyers The Supreme Court of New Jersey issued an order in which it declined to impose discipline on an attorney for his improper use of Facebook in 2007.  The decision stems from events that began in 2007, when attorney John Robertelli, according to  the Supreme Court of New Jersey Opinion, ...
Tags attorney discipline New Jersey
Read more
Remote Work

Remote Work: San Francisco Bar Association Advice in Ethics Opinion 2021-1

by in Remote Work, Rules of Professional Conduct. Posted September 21, 2021
The Remote Work Discussion Continues The Bar Association of San Francisco recently released Ethics Opinion 2021-1, addressing whether lawyers who practice law remotely from another jurisdiction where they are not licensed are engaging in the unauthorized practice of law. The Opinion comes on the heels of the State Bar of California Standing Committee on Professional ...
Tags Remote work Rule 5.5 San Francisco Bar Association UPL
Read more
Controversial Tweet and Social Media

First Amendment v. Judicial Canons Part 2

by in First Amendment, judges on Facebook, judicial canons, judicial misconduct, Social Media. Posted September 9, 2021
Another Georgia Judge Defending Her Social Media Posts As Compliant with Judicial Canons The Judicial Canons and social media are once again the focus of judicial woes in Georgia. On July 22, the Georgia Judicial Qualifications Commission (JQC) filed formal charges against Douglas County Probate Judge Christina Peterson, accusing the Judge of four counts of ...
Tags First Amendment Georgia Judges Judicial Canons Social media
Read more