Ethics Opinion Archives - Page 6 of 7

Metadata Fair Game in Texas?

by Alessandria San Roman in Ethics Opinion. Posted February 12, 2017

In a recent opinion, the Texas bar panel adopted the minority view on metadata, which states that there is not an obligation to inform opposing counsel that he has sent a document containing metadata.

Trusting Your Colleagues with Fees: ABA Opines on Lawyers Splitting Fees

by Vincent Calarco in Attorneys Fees, Ethics Opinion, Legal Services, Professionalism, reasonable attorneys fees, splitting fees. Posted January 2, 2017

The ABA Standing Committee of Ethics and Professional Responsibility recently opined that when one lawyer receives a fee that is to be shared with a lawyer (or lawyers) at another firm (or firms), the fee for the other lawyer(s) should be placed in trust in accordance with Model Rule 1.15. Trusting

Alaska Bar Association: Use of “Web Bugs” is Unethical

by SabrinaRishmague in confidentiality, Ethics Opinion, Legal Services, Software, Technology, web bugs. confidentiality. Posted December 22, 2016

Alaska Bar Association recently advised that the use “web bugs” to track e-mail communications with opposing counsel violates The Alaska Code of Professional Conduct.

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:

Virginia: Conflict of Interest & Importance of Public Confidence Precludes Law Firm From Lobbying General Assembly

by William Golden in Conflict of Interest, Ethics Opinion, law firms, legal ethics, Legal Services, lobbyists. Posted December 6, 2016

The Virginia State Bar recently opined that lawyer-legislator status creates a conflict of interest such that not only is the lawyer precluded from lobbying the legislative body of which he is a member, but so too are all the other members of the consulting firm of which he is a member and law firm that owns the consulting firm.

Third Ethics Panel Dings Avvo’s Matching for Legal Services

by Anibal Manzano in Ethics Opinion, Featured. Posted November 1, 2016

Avvo Legal Services is offering a matching program to connect potential clients with lawyers. The program provides lawyers with the opportunity to offer legal services directly to consumers after a fixed price consultation. Ethics

New York City Bar: Prosecutors’ Duty to Disclose Held Broader Than Brady Standard

by Nicole Chipi in Ethics Opinion, Featured. Posted October 26, 2016

According to a recent opinion from the New York City Bar’s Ethics Committee, a prosecutor’s ethical obligation to disclose evidence favorable to a defendant is broader than the constitutional minimums imposed by the Supreme Court in Brady v. Maryland.

Mississippi Court of Appeals: A Bar Complaint Does not Toll the Statute of Limitations on a Legal Malpractice Claim

by Haley Moss in Ethics Opinion, Featured. Posted October 15, 2016

The Mississippi Court of Appeals recent decision in Archer v. Creefound holds that a client’s state bar complaint against a lawyer does not toll the statute of limitations on that client’s legal malpractice claim.

Avvo’s Directory Akin to the Yellow Pages: Embedded Attorney Advertising Does Not Render a Profile Listing to be Commercial Speech

by Alessandria San Roman in Ethics Opinion, Featured. Posted October 12, 2016

On September 12, the U.S. District Court for the Northern District of Illinois ruled in Vrdolyak v. Avvo, Inc. that Avvo’s publishing of online profiles of Illinois attorneys, which may contain advertisements for competing attorneys on the same page, does not violate an individual attorney's publicity rights. Advertising

Equity Stake Isn’t a Prerequisite for ‘Partner’ Label

by Noelia Vaccaro in Ethics Opinion, Featured. Posted October 9, 2016

May a law firm refer to its lawyers, as partners, when those lawyers do not have voting authority on corporate governance matters or equity shares in the firm? The North Carolina State Bar recently answered this question in the affirmative.

[…] 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 6 )