ABA Archives - Legal Ethics Advisor

ABA Opinion 497: Material Adversity What’s a Lawyer to Do?

by Jan Jacobowitz in ABA, Attorney Client Relationship, Conflict of Interest, Ethics Opinion, legalethics. Posted February 13, 2021

The ABA Standing Committee on Ethics & Professional Responsibility release Opinion 497 to advise on an issue that plagues many lawyers in determining whether a conflict...

ABA Formal Opinion 496: How to Respond to Online Criticism

by Camila Rivero-Fernandez in ABA. Posted February 4, 2021

In a recent formal opinion, the ABA addressed a lawyer’s ethical obligations when deciding to respond to a negative online review. Specifically, this opinion focused on the potential for breaching client confidentiality and best practices to avoid doing so.

ABA Advises On Remote Practice From One Jurisdiction to Another

by Jan Jacobowitz in ABA, Advisory Opinion, UPL. Posted January 28, 2021

The ABA recently released Opinion Formal Opinion 495 to assist lawyers who may be working remotely from a jurisdiction in which they are not licensed to practice law.

ABA Offers 12 Tips to Avoid Disciplinary Problems

by Jose Rivero in ABA. Posted September 15, 2020

The ABA recently published guidance designed to assist attorneys in avoiding disciplinary issues. Offers

Transitioning Firms? ABA Provides Guidance in Op. 489

by AMcLaughlin in ABA, Advisory Opinion, Attorney Client Relationship. Posted May 19, 2020

The 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. Transitioning

Pandemic Increases Cybersecurity Risks

by Amanda Rementeria in ABA, COVID-19, cybersecurity, data breach, diligence, Uncategorized. Posted May 8, 2020

The current pandemic has forced attorneys to move online, resulting in a sharp increase in virtual meetings, email correspondence, and usage of cloud-based storage.

Speaking of Fraud…ABA Op. 491 Clarifies a Lawyer’s Duties To Avoid Counseling Fraudulent Conduct

by Jan Jacobowitz in ABA, ABA Model Rule 1.1, Advisory Opinion, American Bar Association, Attorney Client Relationship, Client Communication, client confidentiality, Ethics Opinion, legal ethics. Posted May 4, 2020

A lawyer's duty to avoid counseling or assisting in illegal conduct is often discussed in the context of litigation-- for example the production of fraudulent documents or dishonest testimony. Fraud

Utah Advances the Conversation: Future of Lawyering to Include NonLawyers?

by Jan Jacobowitz in ABA, Attorney Fees, client confidentiality, confidentiality, COVID-19, Rule 5.4 Professional Independence of a Lawyer, Uncategorized, Utah Regulatory Reform. Posted May 2, 2020

The Utah Supreme Court recently posted its Standing Order 15 and proposed amendments to its Rules of Professional Conduct 5.4 (Professional Independence of a Lawyer) and 1.5 (Attorney Fees), which pave the way for collaboration between lawyers and non-lawyers to both provide legal services and share revenue. Future

Unsecure: The Legal Profession’s Tech Struggle

by Jordan Luczaj in ABA, cybersecurity, Technology. Posted March 3, 2020

Although technology has become a staple in the workplace, lawyers have seemingly had more trouble implementing new technologies. Unsecure

[…] 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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