Ethics Opinion Archives - Legal Ethics Advisor

Clients Illegal Activity: Colorado Bar Admonishes “Willful Blindness” But Departs from ABA Op. 491 “Should Know” Standard

by Lauren Maier in Advisory Opinion, Attorney Client Relationship, Ethics Opinion. Posted August 17, 2021

Counseling Clients and Illegal Activity Under Rule 1.2 On July 10, 2021, the Colorado Bar Association Ethics Committee released a new opinion regarding Colorado Rule of Professional Conduct 1.2(d), analyzing a lawyer’s duty to inquire about a client’s illegal activity. Under 1.2(d), which sets a similar standard to Model Rule 1.2(d), lawyers “shall not ...

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

by Jan Jacobowitz 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 ...

ABA’S Full House: 2019 Annual Meeting in San francisco Results in Mass Resolution Adoption

by Ten Stallings in Advertising Rules, Advisory Opinion, Attorney Client Relationship, Attorneys Fees, Ethics Opinion, Featured, Marijuana, News, Professionalism, Technology. Posted February 22, 2021

On On August 8, 2019, the American Bar Association (“ABA”) held its annual meeting, during which the ABA House of Delegates met with an outlook of nearly 60 resolutions to be decided upon. After two days of deliberation, which included revising and amending the proposed resolutions, 50 were adopted.

ABA Opinion 497: Material Adversity What’s a Lawyer to Do?

by Jan Jacobowitz in ABA, Attorney Client Relationship, Conflict of Interest, Ethics Opinion, legalethics. Posted February 13, 2021

The ABA Standing Committee on Ethics & Professional Responsibility release Opinion 497 to advise on an issue that plagues many lawyers in determining whether a conflict...

Permission to Practice: The Scope of a Recent Law School Graduate’s Work

by Camila Rivero-Fernandez in Bar Opinions, Ethics Opinion, law firms, practicing without a license. Posted June 2, 2020

In these unprecedented times, when law-school graduates face bar exam delays due to measures taken in response to COVID-19, law firms employing recent graduates may wonder: what work can they do? Practice

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

by Jan Jacobowitz 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

Where there is a Will, Is there is a Way? [to Dispose of it].

by Jordan Luczaj in Ethics Opinion, Trust and Estates. Posted February 11, 2020

The New York State Bar Association’s Committee of Professional Ethics recently released Opinion 1182, which advises that a lawyer may not dispose of the wills of testators whose locations are unknown. Will

ABA Provides Guidance for Prosecutors Negotiating Misdemeanor Plea Agreements

by Ten Stallings in Advisory Opinion, Attorney Client Relationship, Ethics Opinion, misdemeanor pleas, prosecutors, Uncategorized. Posted June 17, 2019

In May 2019, The American Bar Association Standing Committee on Ethics and Professional Responsibility released Formal Opinion 486, addressing a prosecutor’s obligations when negotiating a plea agreement for a misdemeanor charge with an unrepresented individual. Prosecutors

Texas Bar’s Professional Ethics Committee Advises on Flat Fees

by Dimitrije Canic in Attorney Client Relationship, Attorneys Fees, Ethics Opinion. Posted December 17, 2018

The Texas Bar’s Professional Ethics Committee recently advised that attorneys may renegotiate a flat-fee under certain circumstances with fairness as the overarching guideline.

Maryland Ethics Committee Addresses the EU citizen’s “Right to be Forgotten”

by Shawn Wilborne in Conflict of Interest, Ethics Opinion, Technology. Posted November 7, 2018

The Maryland State Bar Association’s (MSBA) Ethics Committee responded to attorneys’ concerns regarding the passage of the European Union’s General Data Protection Regulation (GDPR), which became effective earlier this year.

[…] 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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