legal ethics

Chatting and texting

“Chatting” or Texting with Clients During Their Testimony Led 2 Attorneys to No More Chatting or Texting with Any Clients

by in Attorney Mistake, Attorney Suspension, discipline, legal ethics, Technology, texting. Posted March 3, 2022
Arizona Attorney Suspended for Coaching Client During Virtual Cross-Examination Florida Attorney Suspended for Texting Client During a Telephonic Deposition By Jan L. Jacobowitz and Lauren Maier Chatting, texting, and suspensions, Oh My! There seems to be no number of times that is too many to remind lawyers that the legal ethics rules continue to apply ...
Tags Fairness to Opposing Counsel Technology and Competence
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Florida

Florida Supreme Court: Ticket Defense App Is Engaged in The Unlicensed Practice of Law

by in Florida Supreme Court, legal ethics, UPL. Posted October 27, 2021
In a controversial decision, Florida’s highest court held that a nonlawyer ticket defense app was providing legal services In a 4-3 decision, the Florida Supreme Court held that TIKD, a traffic ticket defense app, was engaged in the unlicensed practice of law (“UPL”). In doing so, the court declined to adopt the referee’s recommendation of ...
Tags Non-lawyer Unlicensed practice of law
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Diversity

Florida Legal Ethics Update: From Questioning Diversity Quotas to Proposals for a Regulatory Sandbox and More

by in Access to Justice, Attorney Advertising, CLE requirements, legal ethics, Legal Services, negative online reviews, regulatory sandbox, Rule 5.4 Professional Independence of a Lawyer, Technology, UPL. Posted July 12, 2021
Florida CLE Diversity Controversy The Florida Supreme Court attracted national attention when it recently sua sponte changed the CLE programming requirements such that The Florida Bar cannot approve CLE programming and Florida lawyers cannot receive CLE credits for attendance at any program for which there was a diversity requirement or quota pertaining to the selection ...
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incivility

Civility 101 Homework: Judge Strikes Pleadings & Orders Deletion of “Jerry Springer” Vibe

by in communication, competence, Lawyers, legal ethics, Professionalism. Posted May 19, 2021
Civility 101 for Lawyers: Don’t Cross the Line Between Zealous Advocacy and Incivility The need for civility among lawyers is an age old topic. By nature the legal system is an adversarial one in which there are winners and losers. Civility factors into not whether you win or lose, but rather how you play the ...
Tags judicial sanctions professionalism
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Geo-fencing

Geo-Fencing: Abusive or Astute Attorney Advertising?

by in Advertising, Advertising Rules, Attorney Advertising, electronic communication, legal ethics, New Jersey, Uncategorized. Posted April 20, 2021
New Jersey Opinion 46 Addresses Geo-Fencing Lawyers have discovered the electronic marketing techniques referred to as geo-fencing or geo-targeting and have inquired about the propriety of their use in attorney advertising.  The New Jersey Committee on Attorney Advertising has recently responded in Opinion 46 with guidance that permits geo-fencing with specific limitations. A bit of ...
Tags geo-fencing geo-marketing
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illegal activity

Speaking of Fraud…ABA Op. 491 Clarifies a Lawyer’s Duties To Avoid Counseling Fraudulent Conduct

by in ABA, ABA Model Rule 1.1, Advisory Opinion, American Bar Association, Attorney Client Relationship, Client Communication, client confidentiality, Ethics Opinion, legal ethics. Posted May 4, 2020
A lawyer's duty to avoid counseling or assisting in illegal conduct is often discussed in the context of litigation-- for example the production of fraudulent documents or dishonest testimony. Fraud
Tags Counseling client on fraud Misuse of attorney's services Professional misconduct Scope of representation
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