Ethics Opinion Archives - Page 4 of 7

Insurance Counsel Can’t Advise Client on Misrepresentation

by Spencer Booth in Attorney Client Relationship, confidentiality, Conflict of Interest, Ethics Opinion, News, Professionalism. Posted November 22, 2017

The New York County Bar Association's Ethics Committee published an opinion advising that an insurance defense lawyer cannot advise the insured whether to inform the insurance carrier about false information or a misrepresentation on the insured's application.

Written Consents Now Required When a Lawyer Subpoenas a Current Client for Another Client’s Lawsuit

by Ludovica Gardani in Conflict of Interest, Ethics Opinion, News, Professionalism. Posted October 9, 2017

According to a formal opinion issued by the New York City bar’s ethics committee, an attorney who must subpoena a current client for another client’s lawsuit typically has a conflict of interest requiring that the attorney secure informed written consent from both clients.

To Shred, or Not to Shred: That is the Question – Nebraska Permits Attorneys to Shred Physical Files

by Kyle Dungca in confidentiality, Ethics Opinion, Legal Services, Professionalism, Technology. Posted September 21, 2017

The Nebraska Supreme Court’s ethics committee has released an advisory opinion permitting attorneys to destroy physical copies of a client’s closed file so long as it is preserved in electronic form. However, the opinion advises that before a physical file may be digitized and subsequently destroyed, attorneys should consider: Shred

Is Avvo’s Referral Service Ethical? Florida May Add its Voice to the Chorus.

by Lilli Balik in Attorneys Fees, Ethics Opinion, Professionalism. Posted September 16, 2017

The New York State Bar Association recently joined other states that have found that the use of Avvo’s attorney referral service is impermissible as it violates the professional conduct rules that prohibit sharing fees with nonlawyers or paying a nonlawyer for a referral or recommendation. Chorus

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

by Daniel Celaya 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.

Florida Contemplates Fee Sharing with Out of State NonLawyers

by Daniel Celaya in Attorney Fees, Attorneys Fees, Bar Opinions, Ethics Opinion, Legal Services, Outsourcing, Professionalism, Uncategorized, work product privilege. Posted August 8, 2017

A proposed advisory opinion by The Florida Bar's Professional Ethics Committee addresses fee-splitting with out-of-state lawyers when the out-of-state lawyer practices in a law firm with nonlawyer ownership. Contemplates

Is Email Encryption the New Reasonable Standard? The ABA Opines

by Daniel Celaya in Advertising Rules, confidentiality, cybersecurity, encryption, Ethics Opinion, Legal Services, Social Media, social media guidelines, Technology. Posted July 26, 2017

The ever-present threat to data security in an increasingly digitized legal profession has redefined the "reasonable efforts" standard for lawyers who handle client information. Encryption

Lawyers Reporting Lawyers…Duty to Report in a Government Agency

by Alessandria San Roman in confidentiality, Ethics Opinion. Posted July 5, 2017

Recently, the New York State Bar Association Committee on Professional Ethics opined that a government lawyer with knowledge of another government agency lawyer’s ethical violation that questions the lawyer’s fitness to practice law must report the information to a tribunal authorized to investigate the conduct, unless the information is confidential and the agency does not consent to its disclosure. Lawyers

Conflicted? Representing Criminal Defendants When Your Partner Becomes The District Attorney

by Elizabeth Gil in Conflict of Interest, Ethics Opinion, Legal Services. Posted July 4, 2017

Recently, the New York State Bar Association (N.Y.S.B.A.) Committee on Professional Ethics held that a lawyer may represent clients in a criminal defense case being prosecuted by the district attorney who was once a partner at the lawyer’s firm given that two conditions are met.

[…] 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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Ethics Opinion ( Page 4 )