Ethics Opinion Archives - Page 2 of 7

When Disaster Strikes, Attorneys’ Ethical Obligations Remain The Same

by Chandler Culwell in Advertising, Advisory Opinion, Attorney Client Relationship, confidentiality, Ethics Opinion. Posted October 8, 2018

On September 19, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility released a formal opinion regarding attorneys’ ethical obligations following a natural disaster.

Online Informal Lawyer-to-Lawyer Consultations for the Benefit of the Client are Permissible, Subject to Lawyers’ Duty of Confidentiality

by Lauren Alvarez in Attorney Client Relationship, confidentiality, Ethics Opinion. Posted September 27, 2018

The Professional Ethics Committee for the State Bar of Texas recently advised that informal lawyer-to-lawyer consultations for the benefit of the client are permissible, subject to lawyers’ duty of confidentiality. online

Lawyers Can’t Consult With Experts For the Sole Purpose of Creating a Conflict

by Samantha Iglesias in Conflict of Interest, Ethics Opinion, Professionalism. Posted September 14, 2018

The Professional Ethics Committee for the State Bar of Texas recently advised that it is impermissible for lawyers to disclose confidential information to a prospective expert or retain an expert for the sole purpose of disqualifying the expert from working for the opposing party.

Mississippi Bar Approves Ghostwriting

by Nico Nesenoff in Advisory Opinion, Attorney Client Relationship, Ethics Opinion, ghostwriting, Legal Services. Posted July 26, 2018

The Mississippi Bar’s Ethics Committee has approved ghostwriting on “discrete aspects in a matter” without the need “to disclose either the name of the preparer or that the document was prepared by a lawyer.”

Lawyer Participation in Online Legal Referral Services

by Brett Silverberg in Advisory Opinion, Attorney Client Relationship, Attorneys Fees, Ethics Opinion, News, Professionalism. Posted May 17, 2018

In its first ever formal advisory ethics opinion, the Indiana Supreme Court Disciplinary Commission addressed whether attorneys could use an online legal referral service in exchange for a marketing fee. Lawyer

Failure to Disclose Material Errors to Current Clients Will Result in Ethics Violations for Lawyers

by Jonathan Portuondo in Attorney Client Relationship, Ethics Opinion, Legal Services, News, Professionalism. Posted May 9, 2018

The American Bar Association recently published an opinion finding that lawyers who fail to disclose material errors relating to representation to their clients are in violation of their professional duty under Model Rule 1.4. Failure

New York State Bar Approves Paying Fees in a Criminal Matter from Personal Injury Settlement

by Lina Mesa in Attorney Client Relationship, Attorneys Fees, Ethics Opinion, Legal Services, News, Professionalism. Posted April 17, 2018

According to a recent opinion from the New York State Bar Association Committee on Professional Ethics, attorneys who represent a client in both a criminal and civil matter are permitted to use the proceeds from the civil case to cover legal fees in the criminal defense matter.

Protecting Prospective Clients with Diminished Capacity

by Geoffrey Marcus in Attorney Client Relationship, confidentiality, Ethics Opinion, News, Professionalism. Posted April 13, 2018

A recent opinion from the New York City Bar Association’s Committee on Professional Ethics finds that a lawyer may disclose a limited amount of confidential information when a prospective client with serious diminished capacity is at risk of substantial physical, financial, or other harm. Protecting

NYSBA Finds Lawyer’s Investment “Too Great a Financial Stake in The Litigation”

by Joshua Mandel in Attorney Client Relationship, Conflict of Interest, Ethics Opinion, News, Professionalism. Posted April 10, 2018

A recent ethics opinion from the New York State Bar Association (“NYSBA”) found that a lawyer and his or her law firm is forbidden from representing a client in litigation funded by a company in which the lawyer invests.

Attorney is Disqualified From Representing Parent After Partner Served as GAL

by mchernandez in Attorney Client Relationship, Conflict of Interest, Ethics Opinion, News, Professionalism. Posted April 5, 2018

According to a recent opinion from the Illinois State Bar Association, a lawyer cannot represent a parent in a custody or child support case because another lawyer at the firm, who had worked as a solo practitioner previously, had represented the child as a court-appointed guardian ad litem in a visitation matter. Attorney

[…] 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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