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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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Online vitriol

Dealing with Online Vitriol: Florida Bar to Consider Amending The Confidentiality Rule 4-1.6

by in ABA Opinion, Advisory Opinion, Bar Opinion, client confidentiality, electronic communication, Ethics Opinion, negative online reviews, online comments, social media. Posted May 4, 2021
Online Vitriol: Amending Confidentiality Rule 4-1.6 and Proposed Opinion 21-1 on Third Party Criticism At its recent meeting, The Florida Bar’s Professional Ethics Committee approved an amendment to Florida Bar Rule 4-1.6 Confidentiality that would provide a limited exception to permit lawyers to respond when they suffer an online vitriol attack from a former client ...
Tags Client confidentiality Negative online reviews online vitriol responding to negative online reviews
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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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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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Future

Utah Advances the Conversation: Future of Lawyering to Include NonLawyers?

by in ABA, Attorney Fees, client confidentiality, confidentiality, COVID-19, Rule 5.4 Professional Independence of a Lawyer, Uncategorized, Utah Regulatory Reform. Posted May 2, 2020
The Utah Supreme Court recently posted its Standing Order 15 and proposed amendments to its Rules of Professional Conduct 5.4 (Professional Independence of a Lawyer) and 1.5 (Attorney Fees), which pave the way for collaboration between lawyers and non-lawyers to both provide legal services and share revenue. Future
Tags Future of Lawyering Sharing fees with nonlawyers Utah
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Confidential

New York City Bar: Is A Client’s Confidential Information Secure at the Border?

by in Attorney Client Privilege, client confidentiality, confidentiality, cybersecurity, Ethics Opinion, Hardware, Legal Services, Professionalism, Technology, us border searches. Posted August 17, 2017
Attorney’s traveling across the U.S. border may have to account for more than just their luggage. In fact, the New York City Bar recently issued Formal Opinion 2017-5, which offers guidance on dealing with the threat of disclosing confidential client information during a border search of electronic devices.
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remote from home

E-Competence? California Advises Attorneys on Requisite Competence in the Handling of E-Discovery

by in client confidentiality, competence, diligence, E-discovery, Legal Services, News, Professionalism, Technology. Posted August 24, 2015
On June 30, 2015, the State Bar of California Standing Committee on Professional Responsibility and Conduct released Formal Opinion No. 2015-193 addressing an attorney’s ethical duties in the handling of the discovery of electronically stored information (“ESI”). Advises
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