Beware of Providing Financial Assistance to Clients
In January, a Florida Bar News article clarified some of the issues concerning when an attorney may provide financial assistance to a client. Beware
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Speaking of Fraud…ABA Op. 491 Clarifies a Lawyer’s Duties To Avoid Counseling Fraudulent Conduct
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
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California Task Force Proposes Innovative Regulatory Changes that Add Technology and Nonlawyer into the Legal Services Mix
After a recent study found that ethics rules which prevent lawyers from working with other disciplines is driving up the cost of legal services and pricing consumers out of the legal market, California’s State Bar is taking steps to allow lawyers and firms to evolve their business practices and keep up with the times.
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Who’s on Third? A Lawyer’s Obligation to Pay Third-Party Claims on Settlement Proceeds
Lawyers faced with third-party claims to client funds often are confronted with deciding whether a particular third-party has an interest sufficient to impose an obligation on a lawyer to refrain from disbursing funds to the client.
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ABA Provides Guidance for Prosecutors Negotiating Misdemeanor Plea Agreements
In May 2019, The American Bar Association Standing Committee on Ethics and Professional Responsibility released Formal Opinion 486, addressing a prosecutor’s obligations when negotiating a plea agreement for a misdemeanor charge with an unrepresented individual. Prosecutors
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Destruction of Documents at a Client’s Request? New York Opines
In late March, the New York State Bar Association (“NY Bar”) published Ethics Opinion 1164 in response to an attorney’s inquiry regarding liability in the post-representation destruction of client documents.
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The Unappealing Turn of Events – Part II: Supreme Court holds defense lawyer’s refusal to file requested appeal constitutes ineffective assistance, despite defendant’s appeal waiver
Update: The matter of Garza v. Idaho first appeared on this blog on January 7, 2019. On October 30, 2018, The United States Supreme Court heard arguments to decide whether a criminal defendant’s counsel is presumptively ineffective if counsel declines to file an appeal of a conviction because the defendant already waived the right to appeal in his plea.
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Attorneys May Respond to Negative Online Reviews
In June 2018, the Florida Bar Ethics Committee voted 18-0 to approve a Florida Bar Staff Opinion that “permits an inquiring attorney to post a limited response to a negative online review that the attorney says falsely accuses her of theft.” Attorneys
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New York State Bar Withdraws Proposal for ABA Best Practices for Online Legal Document Providers
The online legal services market is a worldwide, multi-billion dollar (and growing) industry, with clients increasingly turning to the Internet—rather than an attorney—for their legal needs. Withdraws
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Recording Your Clients Without Their Consent May Be Illegal As Well As Unethical
In the wake of the discovery that Michael Cohen had covertly taped a conversation between himself and Donald Trump, the following question has been raised: is it ever permissible to record a conversation with a client without obtaining his or her consent? Recording
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