competence Archives - Legal Ethics Advisor

Civility 101 Homework: Judge Strikes Pleadings & Orders Deletion of “Jerry Springer” Vibe

by Jan Jacobowitz in communication, competence, Lawyers, legal ethics, Professionalism. Posted May 19, 2021

Civility 101 for Lawyers: Don’t Cross the Line Between Zealous Advocacy and Incivility The need for civility among lawyers is an age old topic. By nature the legal system is an adversarial one in which there are winners and losers. Civility factors into not whether you win or lose, but rather how you play the ...

Up in the ‘Clouds’: Illinois Finds Duty of Competence Applies to Selection of Provider

by Vincent Calarco in client confidentiality, cloud computing, competence, confidentiality, Ethics Opinion, legal ethics, Legal Services, Outsourcing, Technology. Posted December 20, 2016

This fall, the Illinois State Bar Association Committee on Professional Ethics reached two conclusions regarding use of cloud-based services. In Opin. 16-06, the Committee opined that:

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

by Katerina Ona 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

Florida Bar Considers Tech Savvy CLE Requirement

by Jan Jacobowitz in CLE requirements, competence, Legal Services, News, Technology. Posted August 16, 2015

The Florida Bar Board of Governors met on July 24th and approved new language that adds technological know how to the definition of competence and an additional CLE requirement of 3 credits of technology courses during every three year reporting cycle. Savvy

Florida Professional Ethics Committee: Social Media Advice to Clients–A Matter of Competence

by Jan Jacobowitz in competence, discovery, Facebook, legal ethics, News, social media, Social Media, Technology. Posted July 1, 2015

On June 25th, The Florida Professional Ethics Committee affirmed, with some modifications, its January proposed opinion regarding advising a client about removing social media posts prior to litigation and changing privacy settings. Advice

OUTSOURCING LEGAL WORK, PART II: Duty of Competence

by Patrick Poole in ABA 20/20 Commission on Ethics, ABA Model Rule 1.1, competence, Outsourcing. Posted April 9, 2012

The increasing practice of legal outsourcing by in-house counsel as well as small, mid-sized, and large law firms, has led the ABA to propose changes to Model Rules that pertain specifically to outsourcing.

[…] 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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