Tessa Mears, Author at Legal Ethics Advisor

A Closer Look at the Disparity Between Civil and Criminal Legal Malpractice Standards

by Tessa Mears in Criminal Civil Disparity, Malpractice Standards. Posted February 20, 2020

Recently, there has been some debate over whether the pleading standard for legal malpractice in criminal cases should be changed. Disparity

States are Starting to Take Direction on Controversial Model Rule 8.4(g)

by Tessa Mears in 8.4 (g), discrimination. Posted January 18, 2020

New Mexico joins Vermont as the second state to adopt Model Rule 8.4(g) in its entirety. States

Third DCA Says “No” to Double-Dipping: Contract Lawyers Cannot Adversely Appear in Lawsuits Stemming from Contract

by Tessa Mears in Adverse Interest, Conflict of Interest, Florida, Florida Bar, former client, legal ethics, Uncategorized. Posted October 10, 2019

The Third DCA recently released an opinion that provides further demonstration of the limitations on lawyers representing parties in the same or in a substantially related matter.

[…] 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 Tessa Mears

A Closer Look at the Disparity Between Civil and Criminal Legal Malpractice Standards

States are Starting to Take Direction on Controversial Model Rule 8.4(g)

Third DCA Says “No” to Double-Dipping: Contract Lawyers Cannot Adversely Appear in Lawsuits Stemming from Contract