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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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Client communication

New Jersey OP.739: Reply All by Opposing Counsel Does Not Violate Direct Contact Rule

by in Client Communication, electronic communication, email. Posted April 9, 2021
Reply All Caution! New Jersey’s Advisory Committee on Professional Ethics recently considered the impact of reply all email and released ACPE Opinion 739 in which the Committee responding to an inquiry by advising that lawyers who copy their clients on emails to opposing counsel will not be able to fault opposing counsel who replies all ...
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illegal activity

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

by 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
Tags Counseling client on fraud Misuse of attorney's services Professional misconduct Scope of representation
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