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Florida

Florida Supreme Court Adopts Amendments to Attorney Referral Rules that Allow for Non-Lawyer Ownership of a Lawyer Referral Service

In an opinion issued on March 8, 2018, the Florida Supreme Court amended the lawyer referral rules under 4-7.22 making significant changes to the rule by broadening definitions, categorizing referral companies as “qualifying providers” and “matching services”, and removing the requirement that lawyer referral services include a disclaimer.
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Criminal

New York State Bar Approves Paying Fees in a Criminal Matter from Personal Injury Settlement

According to a recent opinion from the New York State Bar Association Committee on Professional Ethics, attorneys who represent a client in both a criminal and civil matter are permitted to use the proceeds from the civil case to cover legal fees in the criminal defense matter.
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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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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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Prohibition

D.C. Court of Appeals Out-of-State Lawyers Prohibition Challenged

On September 15, the National Association for the Advancement of Multijurisdictional Practice (NAAMJP) filed a writ of certiorari petition appealing a D.C. Circuit Court of Appeals decision affirming local rules that bar out-of-state attorneys from practicing before Washington, D.C.’s federal court if they are not admitted to the bar where their law firm is based. NAAMJP argues that these rules are discriminatory and “deliberately sidestep the rule of law and binding precedent.” Prohibition
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Professional

New York State Bar: Lawyers Offering Professional Services that are Indistinct from Legal Services Remain Subject to Rules of Professional Conduct

The New York State Bar Association (“NYSBA”) Committee on Professional Ethics has issued an advisory opinion stating that all of New York’s Rules of Professional Conduct apply to any non-legal service provided by a New York attorney when those services are indistinct from the attorney’s own legal services.
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Shred

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

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
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