Ethics Opinion ( Page 3 )

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ABA

ABA Warns Attorney’s Posting on Public Commentaries

The American Bar Association’s Standing Committee on Ethics and Professional Responsibility (“ABA”) has issued Formal Opinion 480 warning lawyers who participate in online public commentaries (Twitter, Facebook, blogs etc.) that they cannot always circumvent their duty of confidentiality, under Model Rule 1.6, by positing fact patterns that include a client’s information as a “hypothetical.”
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Obligation

Ask and You May Receive: The Obligation to Deliver a Client’s File in a Specific Format

A recent opinion from the New York State Bar Association Committee on Professional Ethics finds that where a former client requests documents regarding his case, a lawyer must take reasonable measures to deliver the documents in a form in which the client can access them; however, the lawyer may charge the reasonable fees and expenses incurred in delivering the documents in the form requested. Obligation
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Conflict waivers

Conflicts of Interest? New York Advises on Law School Clinic and Nonprofit Collaboration

The New York State Bar Association’s Committee on Professional Ethics, recently advised that a legal clinic pursuing claims on behalf of indigent clients is not “associated” with its co-counsel, a nonprofit legal services organization, for the purposes of imputing conflicts of interest.
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Brightline

The ABA Draws a Brightline for Judges Conducting Independent Factual Research

The American Bar Association’s latest formal opinion prohibits judges from conducting independent research on adjudicative facts unless the information is subject to judicial notice. However, judges are permitted to use the Internet to search for general contextual information and to research legislative facts. Brightline
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