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Utah Supreme Court Passes Historic Decision Hoping to Tackle the Access-to-Justice Crisis in America
Alec WitheeAccess to Justice
Utah Supreme Court Passes Historic Decision Hoping to Tackle the Access-to-Justice Crisis in AmericaSeptember 1, 2020In a historic decision, the Utah Supreme Court approved a number of reforms in an effort to tackle the access-to-justice crisis that has persisted in America for decades.Read More

Working From Another State: Florida Guidance On The Unlicensed Practice of Law
Camila Rivero-FernandezUPL
Working From Another State: Florida Guidance On The Unlicensed Practice of LawAugust 18, 2020The Florida Bar Standing Committee on The Unlicensed Practice of Law (“UPL”) issued a proposed advisory opinion on August 17, 2020, in which it concluded that a New Jersey attorney working from his Florida residenceRead More

Bar Exam Updates: The Move Towards Online Testing
Camila Rivero-FernandezBar Exam
Bar Exam Updates: The Move Towards Online TestingJuly 29, 2020Florida, California, and most recently, New York, have announced that they will be administering online bar exams. TestingRead More

Formal Opinion 493: More Guidance on Harassment and Discriminatory Misconduct
Camila Rivero-Fernandez8.4 (g)
Formal Opinion 493: More Guidance on Harassment and Discriminatory MisconductJuly 17, 2020In formal opinion 493, the ABA offers guidance on Model Rule 8.4(g)’s purpose, scope, and application. GuidanceRead More

PREP CLE Trainings Go Virtual
Camila Rivero-FernandezNews
PREP CLE Trainings Go VirtualJuly 15, 2020With the threat of the pandemic, the PREP team has seamlessly transitioned into presenting virtual CLE trainings delivered via Zoom. Read More

Judges Responding to Criticism: An Amendment to the California Code of Judicial Ethics
Camila Rivero-Fernandezjudicial ethics
Judges Responding to Criticism: An Amendment to the California Code of Judicial EthicsJuly 10, 2020A recent amendment to the California Code of Judicial Ethics paves the way for a judge, who is running for reelection or defending a recall campaign, to respond to criticism about his or her decisions. JudgesRead More

Prospective Clients and Potential Conflicts
Camila Rivero-FernandezConflict of Interest
Prospective Clients and Potential ConflictsJuly 2, 2020In formal opinion 492, the ABA cautions lawyers about what is said during initial consultations with prospective clients, how this information could potentially lead to disqualification in a new matter, and how to mitigate this risk.Read More

How to Take a Blow: Do’s and Don’ts for Responding to Negative Online Reviews
Camila Rivero-Fernandezconfidentiality, negative online reviews
How to Take a Blow: Do’s and Don’ts for Responding to Negative Online ReviewsJune 9, 2020When it comes to mitigating the reputational damage caused by a client’s negative online review, attorneys can neither disclose confidential client information when responding nor inappropriately solicit positive reviews.Read More

Permission to Practice: The Scope of a Recent Law School Graduate’s Work
Camila Rivero-FernandezBar Opinions, Ethics Opinion, law firms, practicing without a license
Permission to Practice: The Scope of a Recent Law School Graduate’s WorkJune 2, 2020In these unprecedented times, when law-school graduates face bar exam delays due to measures taken in response to COVID-19, law firms employing recent graduates may wonder: what work can they do? PracticeRead More

Transitioning Firms? ABA Provides Guidance in Op. 489
AMcLaughlinABA, Advisory Opinion, Attorney Client Relationship
Transitioning Firms? ABA Provides Guidance in Op. 489May 19, 2020The American Bar Association (“ABA”) Standing Committee on Legal Ethics and Professional Responsibility recently released Ethics Advisory Opinion 489 to offer guidance on the ethical obligations that arise when lawyers lateral from one firm to another. TransitioningRead More

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Categories

Controversial Tweet and Social Media

Another Controversial Tweet, Another Lawyer Facing Career Repercussions

by 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
Chatting and texting

“Chatting” or Texting with Clients During Their Testimony Led 2 Attorneys to No More Chatting or Texting with Any Clients

by Posted March 3, 2022
Arizona Attorney Suspended for Coaching Client During Virtual Cross-Examination Florida Attorney Suspended for Texting Client During a Telephonic Deposition By Jan L. Jacobowitz and Lauren Maier Chatting, texting, and suspensions, Oh My! There seems to be no number of times that is too many to remind lawyers that the legal ethics rules continue to apply ...
Tags Fairness to Opposing Counsel Technology and Competence
selective focus photo of lensball on asphalt road

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

by 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
Client Dishonesty

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

by 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
probate

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

by 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
Client with Diminished Capacity

Improving Attorney-Client Communication: ABA Formal Opinion 500

by 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
Florida

Florida Supreme Court: Ticket Defense App Is Engaged in The Unlicensed Practice of Law

by Posted October 27, 2021
In a controversial decision, Florida’s highest court held that a nonlawyer ticket defense app was providing legal services In a 4-3 decision, the Florida Supreme Court held that TIKD, a traffic ticket defense app, was engaged in the unlicensed practice of law (“UPL”). In doing so, the court declined to adopt the referee’s recommendation of ...
Tags Non-lawyer Unlicensed practice of law
pro se attorney

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

by 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
social media

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

by 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
Passive Investment in ABS

ABA Opinion 499 Green Lights Lawyers’ Passive Investment in Firms with NonLawyer Ownership

by Posted October 5, 2021
Despite ABA Green Light, States May Not Embrace Passive Investment in Alternative Business Structures An Alternative Business Structure (“ABS”) that permits lawyers and nonlawyers to collaborate and share revenue has become a hot, revolutionary topic in the rapidly evolving practice of law.  In fact, Arizona has deleted Rule 5.4, which prohibits lawyers from being in ...
Tags ABS Alternative Business Structure Arizona Passive Investment Utah
Remote Work

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

by 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
Data

Loss of 22 Terabytes of Police Data Shakes the City of Dallas’ Criminal Courts

by Posted September 16, 2021
Data Loss and Cybersecurity Remain Top Priorities for Legal Profession A massive amount of police data was lost in a City of Dallas file transfer, but then more missing data was discovered. Although in a different context, this is yet another reminder for law firms and attorneys generally to implement and revise data maintenance and ...
Tags criminal courts Cybersecurity data loss legalethics prosecution
Controversial Tweet and Social Media

First Amendment v. Judicial Canons Part 2

by 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
First Amendment

Judicial Misconduct or First Amendment Expression?

by Posted September 2, 2021
Georgia Judge Asserting First Amendment Rights in Defending Allegation of Ethics Violations After Controversial Facebook Post A judge in Cherokee County, Georgia, has been charged with ethics violations after posting support for the Cherokee County Sheriff’s Office spokesperson who made controversial comments about Robert Aaron Long, the man accused of killing eight people at three ...
Tags First Amendment Rights Judges on Facebook Judicial Misconduct
woman standing near the kitchen counter with her laptop open on table

Delaware Green Lights Remote Work in Formal Opinion 2021-1

by Posted August 24, 2021
Delaware Lawyers: Remote Work Okay If State of Residence Agrees Last month, the Delaware State Bar Association Committee on Professional Ethics released Formal Opinion 2021-1, addressing whether Delaware attorneys may practice Delaware law while working remotely from another jurisdiction. The Committee held that Delaware licensed lawyers are permitted to practice Delaware law outside the state, ...
Tags ABA Opinion 495 Advisory Opinion Delaware Remote work Rule 5.5
Client with Diminished Capacity

Clients Illegal Activity: Colorado Bar Admonishes “Willful Blindness” But Departs from ABA Op. 491 “Should Know” Standard

by Posted August 17, 2021
Counseling Clients and Illegal Activity Under Rule 1.2          On July 10, 2021, the Colorado Bar Association Ethics Committee released a new opinion regarding Colorado Rule of Professional Conduct 1.2(d), analyzing a lawyer’s duty to inquire about a client’s illegal activity. Under 1.2(d), which sets a similar standard to Model Rule 1.2(d), lawyers “shall not ...
Tags Client Illegal Activity Colorado Bar Rule 1.2
remote work

Care to Comment? California Issues Interim Formal Opinion 20-0004 on Remote Work

by Posted August 13, 2021
California Formal Opinion Interim No. 20-0004 on Remote Work Yesterday, the the State Bar of California Standing Committee on Professional Responsibility and Conduct posted Formal Opinion No. 20-0004 on remote work for comment. The opinion acknowledges the increase of attorneys remotely working driven both by technology and external circumstances that include Covid-19 and natural disasters ...
Tags California Remote work
Cannibis

Cannabis Advice for Lawyers: New York and Georgia on Different Ends of the Spectrum

by Posted August 10, 2021
The legal landscape of medical and recreational marijuana remains fast-changing across the United States–cannabis remains illegal under federal law—and there are inconsistencies among various states’ legal ethics advice regarding whether lawyers may represent clients involved in the cannabis industry. On June 21, 2021, the Supreme Court of Georgia denied a motion to amend Rule 1.2 ...
Tags Attorney-client relationship Cannabis Ethics advice marijuana
Suspension

A Series of Unfortunate Events: Giuliani’s New York Law License Suspension

by Posted July 16, 2021
Giuliani Interim Suspension I did not rush out of the gate to discuss the extremely well publicized (See, for example, NPR, CNN, NYT, and Forbes) interim suspension of Rudy Giuliani’s New York law license or the reciprocal interim suspension imposed the District of Columbia. There has been so much coverage that I found it interesting ...
Tags First Amendment Lawyer Interim Suspension
Social Media

More Social Media Trouble in the Legal Profession: South Carolina Orders 6 Month Suspension for Incendiary Facebook Posts

by Posted July 14, 2021
Social media update… A(nother) lawyer recently made the news for a suspension based on controversial Facebook posts. The South Carolina Supreme Court decision suspending the lawyer for six months based upon twelve offensive posts on Facebook found that the lawyer’s conduct brought the legal profession into disrepute and violated both the letter and spirit of ...
Tags Incendiary Facebook posts Lawyer Suspension
Diversity

Florida Legal Ethics Update: From Questioning Diversity Quotas to Proposals for a Regulatory Sandbox and More

by Posted July 12, 2021
Florida CLE Diversity Controversy The Florida Supreme Court attracted national attention when it recently sua sponte changed the CLE programming requirements such that The Florida Bar cannot approve CLE programming and Florida lawyers cannot receive CLE credits for attendance at any program for which there was a diversity requirement or quota pertaining to the selection ...
Sanctions for profanity

Profanity is Costly: Lawyer Sanctioned for Conduct Unbecoming and F*** You

by Posted June 19, 2021
Florida Federal Court Imposes Sanctions for Profanity and Unprofessionalism Three depositions, two lawyers, and one court reporter…what could go “wrong?” Apparently, conduct by all three that included one lawyer telling the other lawyer to, “Shut the f*** up.” The dispute seems to have exploded after one lawyer, Mr. “K” objected to the use of the ...
Tags attorney misconduct profanity Sanctions
First Amendment

HawkLaw Attorney Advertising Being Preyed Upon By South Carolina Bar Authorities?

by Posted June 9, 2021
First Amendment v Attorney Advertising Regulation The internet’s low cost and ease of advertising has increased the focus on the tension between the state regulation of attorney advertising and attorneys’ First Amendment right to commercial speech that was  established by the US Supreme Court in Bates v Arizona in 1977. The latest episode is taking ...
Tags Attorney advertising South Carolina
super lawyer

Gig’s Up in NJ: Are You Really a #1, Super, Duper, Top-Rated, Best Lawyer?

by Posted May 11, 2021
The New Jersey Supreme Court’s Committee on Attorney Advertising Demands Verifiable “Super” Awards and Honors Last week New Jersey’s Supreme Court Committee on Attorney Advertising issued a notice cautioning lawyers that terms like “super,” “top,” “best,” and “rising star” that may be awarded to lawyers by various organizations may only be used in advertising if ...
Tags New Jersey
Online vitriol

Dealing with Online Vitriol: Florida Bar to Consider Amending The Confidentiality Rule 4-1.6

by Posted May 4, 2021
Online Vitriol: Amending Confidentiality Rule 4-1.6 and Proposed Opinion 21-1 on Third Party Criticism At its recent meeting, The Florida Bar’s Professional Ethics Committee approved an amendment to Florida Bar Rule 4-1.6 Confidentiality that would provide a limited exception to permit lawyers to respond when they suffer an online vitriol attack from a former client ...
Tags Client confidentiality Negative online reviews online vitriol responding to negative online reviews
Lawyer Well-Being

What Does Lawyer Well-Being 2021 Have to Do With Legal Ethics?

by Posted May 1, 2021
Explore Lawyer Well-Being Week, May 3rd, for the Answers Lawyer Well-Being and Legal Ethics The answer to the question falls into the category of “everything.”  Why? It has been well-documented that not only does the legal profession suffer a disproportionately high statistical evidence of stress, depression, suicide, substance abuse, and other mental well-being challenges, but ...
Tags Lawyer Well-Being Legal Profession Mental health
judges

Judges on Facebook 2.0—California Offers New Advice

by Posted April 29, 2021
California Opinion 2021-42  Provides Advice for Judges Commenting on Law Related Topics The California Supreme Court Committee on Judicial Ethics Opinions (“Committee”) issued Expedited Opinion 2021-42 yesterday to provide additional guidance to judges who want to make statements on Facebook concerning “legislation related to the law, the legal system, and the administration of justice.” The ...
Tags Judges Social media
Geo-fencing

Geo-Fencing: Abusive or Astute Attorney Advertising?

by Posted April 20, 2021
New Jersey Opinion 46 Addresses Geo-Fencing Lawyers have discovered the electronic marketing techniques referred to as geo-fencing or geo-targeting and have inquired about the propriety of their use in attorney advertising.  The New Jersey Committee on Attorney Advertising has recently responded in Opinion 46 with guidance that permits geo-fencing with specific limitations. A bit of ...
Tags geo-fencing geo-marketing
Disclosing

Disclosing Information to Prevent Danger: When Your Clients are Those Who Contribute to Climate Change

by Posted October 10, 2020
Attorneys who represent greenhouse gas emitters are finding themselves battling their own legal and ethical risks, as some states are considering an attorney’s knowledge of greenhouse gas emissions to fall under the confidentiality exception that permits disclosure of confidential information when it could prevent death or substantial bodily danger. Disclosing
Tags Climatechange Confidentiality Dutytodisclose Substantialbodilydanger
Societies

New Guidelines Address Federal Judges’ Affiliation with Liberal and Conservative Societies

by Posted March 31, 2020
An ethics opinion drafted by the Committee on Codes of Conduct of the U.S. Judicial Conference in January 2020 states that federal judges should refrain from becoming formally affiliated—either through membership or leadership roles—with the conservative Federalist Society and the liberal American Constitution Society. Societies
Tags ABA American Constitution Society Canon Code of Judicial Conduct Federal Federalist Society Impartiality Independence Judges