Attorney Client Relationship Archives - Page 6 of 7

Timeshare Corp’s Lawsuit Against Law Firm for False & Misleading Advertising Survives Motion to Dismiss

by Jonathan Portuondo in Advertising, Attorney Client Relationship, News, Professionalism. Posted February 22, 2018

A Florida U.S. District Court denied a law firm’s motion to dismiss a lawsuit that alleges that the firm employs false and misleading advertising to obtain and encourage clients to breach timeshare contracts.

Pennsylvania District Court Finds No Attorney-Client Privilege for Settlement Lists in Delinquent Tax Case

by Niki Namazi in Attorney Client Relationship, confidentiality, News, Professionalism. Posted February 20, 2018

On February 1, 2018, a Third Circuit panel affirmed a Pennsylvania district court’s ruling in favor of the Internal Revenue Service (IRS), concluding that the attorney-client privilege does not shield an attorney’s client and settlement lists from the IRS during an investigation for delinquent taxes.

New Hampshire Bar Finds Lawyer-Client Bartering is a Business Transaction

by Lina Mesa in Advisory Opinion, Attorney Client Relationship, Attorneys Fees, News, Professionalism. Posted February 8, 2018

A recent opinion published by the New Hampshire Bar Association Ethics Committee finds that legal fee bartering is a business transaction with a client subject to ABA Model Rule 1.8(a) requirements, which apply a reasonable standard and include a thorough discussion with the client, the suggestion that the client seek advice from another lawyer, and written consent.

Ask and You May Receive: The Obligation to Deliver a Client’s File in a Specific Format

by Geoffrey Marcus in Attorney Client Relationship, Attorneys Fees, confidentiality, Ethics Opinion, Professionalism, Services, Software, Technology. Posted February 6, 2018

A recent opinion from the New York State Bar Association Committee on Professional Ethics finds that where a former client requests documents regarding his case, a lawyer must take reasonable measures to deliver the documents in a form in which the client can access them; however, the lawyer may charge the reasonable fees and expenses incurred in delivering the documents in the form requested. Obligation

Joint Clients Need Warning Even if Interests Align

by Madeline Kleinberg in Attorney Client Relationship, Conflict of Interest, Ethics Opinion, Professionalism. Posted January 25, 2018

In a recent ethics opinion, the New York City Bar Association Committee on Professional Ethics advised attorneys asked to simultaneously represent multiple clients to communicate the potential dangers of joint representation, even in situations where the clients’ interests appear to be aligned.

USPTO Trying Out Diversion Program for Struggling Practitioners

by Paige Coles in Attorney Client Relationship, Mental Health, News, Professionalism. Posted December 1, 2017

On November 3, 2017, the United States Patent and Trade Office (USPTO) announced that the agency’s Office of Enrollment and Discipline (OED) will be launching a two-year pilot diversion program for patent and trademark practitioners who commit minor ethical lapses without causing actual client harm.

Marijuana Businesses Spark Tensions Between State and Federal Law

by Yasbel Perez in Attorney Client Relationship, Marijuana, News, Professionalism. Posted November 28, 2017

As expected, a surge of new businesses emerged in response to the state-level legalization of marijuana, which is currently legal in twenty-nine states, including Florida. This not only gave rise to a new form of business, but also allowed attorneys specializing in start-up companies to increase their clientele.

Insurance Counsel Can’t Advise Client on Misrepresentation

by Spencer Booth in Attorney Client Relationship, confidentiality, Conflict of Interest, Ethics Opinion, News, Professionalism. Posted November 22, 2017

The New York County Bar Association's Ethics Committee published an opinion advising that an insurance defense lawyer cannot advise the insured whether to inform the insurance carrier about false information or a misrepresentation on the insured's application.

$9M Sanctions Against Florida Tobacco Lawyers for Frivolous Claims

by Sarah Cohen in Attorney Client Relationship, News, Professionalism. Posted November 16, 2017

On October 18, two Florida lawyers were ordered to pay more than $9 million in sanctions for pursuing over a thousand nonviable claims in tobacco litigation.

[…] 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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