Vincent Calarco, Author at Legal Ethics Advisor

DC Bar: Lawyers Must Consider Ethics When Dissolving Law Firms

by Vincent Calarco in Ethics Opinion, Featured. Posted March 25, 2017

Closing the doors on a law firm includes much more than just locking the door behind you. “Dissolution” means the process of terminating the law firm’s existence as a legal entity. DC

Trusting Your Colleagues with Fees: ABA Opines on Lawyers Splitting Fees

by Vincent Calarco in Attorneys Fees, Ethics Opinion, Legal Services, Professionalism, reasonable attorneys fees, splitting fees. Posted January 2, 2017

The ABA Standing Committee of Ethics and Professional Responsibility recently opined that when one lawyer receives a fee that is to be shared with a lawyer (or lawyers) at another firm (or firms), the fee for the other lawyer(s) should be placed in trust in accordance with Model Rule 1.15. Trusting

Up in the ‘Clouds’: Illinois Finds Duty of Competence Applies to Selection of Provider

by Vincent Calarco in client confidentiality, cloud computing, competence, confidentiality, Ethics Opinion, legal ethics, Legal Services, Outsourcing, Technology. Posted December 20, 2016

This fall, the Illinois State Bar Association Committee on Professional Ethics reached two conclusions regarding use of cloud-based services. In Opin. 16-06, the Committee opined that:

Rhode Island Approves Attorney’s “Winning” Advertisement

by Vincent Calarco in Advertising Rules. Posted February 26, 2016

A lawyer whose last name rhymed with win may use an advertisement that proclaims “Win with [insert attorney's rhyming last name].” Winning

Storing Client Data in the Cloud is Ethical, With Safeguards

by Vincent Calarco in Legal Services, News, Services, Software, Technology. Posted October 19, 2015

On September 11, 2015, the Tennessee Supreme Court Board of Professional Responsibility confirmed in Formal Opinion 2015-F-159 that a lawyer may ethically allow client confidential information to be stored in “the cloud.” In doing so, the lawyer must take reasonable care to ensure that client materials remain safe and confidential. storing

Ohio Lawyers Limited in Advertising Their Services During Legal Seminars

by Vincent Calarco in Advertising Rules, Lawyers, Legal Services, Ohio, Professionalism. Posted September 11, 2015

On August 7, 2015, the Ohio Board of Professional Conduct made it clear in Formal Opinion No. 2015-2, that lawyers may present a legal seminar to prospective clients.

[…] 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 Vincent Calarco