Attorney Client Relationship Archives - Page 4 of 7

Online Informal Lawyer-to-Lawyer Consultations for the Benefit of the Client are Permissible, Subject to Lawyers’ Duty of Confidentiality

by Lauren Alvarez in Attorney Client Relationship, confidentiality, Ethics Opinion. Posted September 27, 2018

The Professional Ethics Committee for the State Bar of Texas recently advised that informal lawyer-to-lawyer consultations for the benefit of the client are permissible, subject to lawyers’ duty of confidentiality. online

Attorney Escapes Sanctions for Failure to Check Metadata on Client’s Staged Images

by Christina Jaramillo in Attorney Client Relationship, Technology. Posted September 10, 2018

The United States District Court for the Southern District of New York did not impose sanctions on an attorney who failed to check the metadata on fraudulent photographs that were produced by his client in discovery. Escapes

Picking Favorites? Not So Fast, Says Massachusetts Federal Court

by Michael Zilber in Attorney Client Relationship, Conflict of Interest. Posted September 6, 2018

On July 26, in Altova GmbH v. Syncro Soft SRL, the United States District Court for the District of Massachusetts held that Sunstein Kann Murphy & Timbers LLP (“Sunstein”) violated its duty of loyalty to Syncro Soft (“Syncro”) by dropping Syncro in favor of its more profitable client, Altova, in Altova’s patent infringement action against Syncro. Judge Pattis Saris granted Syncro’s motion to disqualify Sunstein. Picking

Mississippi Bar Approves Ghostwriting

by Nico Nesenoff in Advisory Opinion, Attorney Client Relationship, Ethics Opinion, ghostwriting, Legal Services. Posted July 26, 2018

The Mississippi Bar’s Ethics Committee has approved ghostwriting on “discrete aspects in a matter” without the need “to disclose either the name of the preparer or that the document was prepared by a lawyer.”

DC Circuit Upholds Corporation’s Attorney-Client Privilege in Mixed Purpose Communications

by Spencer Booth in Attorney Client Privilege I, Attorney Client Relationship, business purpose, corporations, Legal Services, work product privilege. Posted July 5, 2018

A federal appellate court has reaffirmed a major 2014 ruling that has made it easier for corporations to keep communications between executives and in-house lawyers privileged. Circuit

Lawyer Participation in Online Legal Referral Services

by Brett Silverberg in Advisory Opinion, Attorney Client Relationship, Attorneys Fees, Ethics Opinion, News, Professionalism. Posted May 17, 2018

In its first ever formal advisory ethics opinion, the Indiana Supreme Court Disciplinary Commission addressed whether attorneys could use an online legal referral service in exchange for a marketing fee. Lawyer

Failure to Disclose Material Errors to Current Clients Will Result in Ethics Violations for Lawyers

by Jonathan Portuondo in Attorney Client Relationship, Ethics Opinion, Legal Services, News, Professionalism. Posted May 9, 2018

The American Bar Association recently published an opinion finding that lawyers who fail to disclose material errors relating to representation to their clients are in violation of their professional duty under Model Rule 1.4. Failure

New York State Bar Approves Paying Fees in a Criminal Matter from Personal Injury Settlement

by Lina Mesa in Attorney Client Relationship, Attorneys Fees, Ethics Opinion, Legal Services, News, Professionalism. Posted April 17, 2018

According to a recent opinion from the New York State Bar Association Committee on Professional Ethics, attorneys who represent a client in both a criminal and civil matter are permitted to use the proceeds from the civil case to cover legal fees in the criminal defense matter.

Protecting Prospective Clients with Diminished Capacity

by Geoffrey Marcus in Attorney Client Relationship, confidentiality, Ethics Opinion, News, Professionalism. Posted April 13, 2018

A recent opinion from the New York City Bar Association’s Committee on Professional Ethics finds that a lawyer may disclose a limited amount of confidential information when a prospective client with serious diminished capacity is at risk of substantial physical, financial, or other harm. Protecting

NYSBA Finds Lawyer’s Investment “Too Great a Financial Stake in The Litigation”

by Joshua Mandel in Attorney Client Relationship, Conflict of Interest, Ethics Opinion, News, Professionalism. Posted April 10, 2018

A recent ethics opinion from the New York State Bar Association (“NYSBA”) found that a lawyer and his or her law firm is forbidden from representing a client in litigation funded by a company in which the lawyer invests.

[…] 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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