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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 ...
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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
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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
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woman standing near the kitchen counter with her laptop open on table

Delaware Green Lights Remote Work in Formal Opinion 2021-1

by in ABA Opinion, Advisory Opinion, Attorney Client Relationship, Remote Work. 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
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Client with Diminished Capacity

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

by in Advisory Opinion, Attorney Client Relationship, Ethics Opinion. 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
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venmo

Venmo Your Lawyer? New Freedom with Opinion 21-2

by in Attorney Client Relationship, Attorney Fees, client confidentiality. Posted April 15, 2021
Florida Bar Proposed Advisory Opinion 21-2 Advises on Venmo, PayPal, and Other Payment Apps The Florida Bar recently released Proposed Advisory Opinion 21-2 that provides guidance for lawyers that want to accept payment for legal fees through a web-based payment processing system like Venmo or Pay Pal. The Opinion advises that use of a web-based ...
Tags Technology Web-based payments
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Virtually Speaking…New ABA Formal Opinion 498 Provides Guidelines for Virtual Practice

by in ABA Opinion, Attorney Client Relationship, Legal Services, Remote Work, virtual law office. Posted April 7, 2021
Virtual Practice Here to Stay…? The Pandemic sent most of us home and the legal profession embraced technology with a gusto previously unseen.  As the world slowly reopens, there is much discussion about which aspects of remote work may be long lasting. No doubt, technology and the virtual practice of law has made a permanent ...
Tags ABA OP. Virtual Practice
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Meeting

ABA’S Full House: 2019 Annual Meeting in San francisco Results in Mass Resolution Adoption

by in Advertising Rules, Advisory Opinion, Attorney Client Relationship, Attorneys Fees, Ethics Opinion, Featured, Marijuana, News, Professionalism, Technology. Posted February 22, 2021
On On August 8, 2019, the American Bar Association (“ABA”) held its annual meeting, during which the ABA House of Delegates met with an outlook of nearly 60 resolutions to be decided upon. After two days of deliberation, which included revising and amending the proposed resolutions, 50 were adopted.
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