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OK for Lawyer to Refuse Case Against His Own Church? Maybe.

by Nicole Comparato in Featured. Posted February 24, 2017

The New York State Bar Association recently wrote that a lawyer is under no obligation to accept every client—but the ethics committee stopped short of deciding if a particular refusal amounted to discrimination. Church

Facebook Jurors: Candor Required!

by Anibal Manzano in Featured. Posted February 22, 2017

Attorney Petev Tenev’s client, Dr. Henry Acosta, was sued by a former business partner in a dispute over the dissolution of a dental practice. Facebook

California: Class Litigants Must Disclose Outside Funding

by Paige Comparato in Featured. Posted February 20, 2017

In January, the Northern District of California issued a standing order that took a small step towards addressing concerns about third-party litigation financing. The litigation finance industry has been increasingly growing as outside investors provide funding to plaintiffs bringing lawsuits.

Illinois: Attorneys & Clients in the Cloud

by William Golden in Ethics Opinion, Featured, Technology. Posted February 18, 2017

Recently, the Illinois State Bar Association (ISBA) issued a Professional Conduct Advisory Opinion stating that lawyers may use cloud-based services to store client information.

South Carolina Lawyer’s ‘Niceties’ Do Not Establish ‘Prospective Client’ Relationships

by MelissaScott in Featured, Professionalism. Posted February 14, 2017

A federal judge in South Carolina, when ruling on a motion to disqualify counsel, held that a lawyer communicating “[c]ustomary niceties” such as “I hope we get the opportunity to work together” does not form an attorney-client relationship within the meaning of South Carolina’s ethics rules. Relationships

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.

“Attorney’s Eyes Only”

by Carlos Alvarez in confidentiality, Featured, Legal Services. Posted October 22, 2016

Court orders imposing “attorney’s eyes only” discovery restrictions do not disrupt the attorney-client relationship or contradict an attorney’s ethical duty to keep clients informed, according to the District Court for the Southern District of Florida.

Feuding Directors Can Access Privileged Communications Under Delaware Law

by Nicole Comparato in Featured, News. Posted October 20, 2016

A company’s directors have the right under Delaware law to access all corporate attorney-client communications originated during their terms as directors—even if their interests in the current suit are adverse to the company itself.

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.

[…] 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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