Attorneys v. Clients: Clients Ordered to Pay $350K for Online Defamation
As the old adage goes, “It takes 20 years to build a reputation and 5 minutes to ruin it.” Clients
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California Lawyers Receive Clarification on the Limits of Negotiation ‘Puffery’
The State Bar of California Standing Committee on Professional Responsibility and Conduct released an opinion this month concluding that while engaged in negotiations on behalf of a client, an attorney’s puffery and posturing are generally permissible, but false statements of fact or implicit representations are prohibited. Clarification
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Crowdfunding for Legal Fees?
What is crowdfunding? It is the use of an Internet site to share information about a project in order to solicit money from the public. Individuals who contribute are not given a financial stake in the project.
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Duty To Notify Clients When Their Files Are Accidentally Destroyed
Accidents happen. However, when an unforeseen disaster or accident results in the destruction of client files, an attorney may have an ethical obligation to notify current and former clients according to the Association of the Bar of the City of New York Committee on Professional Ethics.
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Representing the Child and her Guardian: Conflict of Interest?
On August 19, 2015, the New York State Bar Association issued a formal ethics opinion, which advises that an attorney who represents a child in Federal Immigration Court may also be competent to simultaneously represent the proposed guardian of the child in State Family Court proceedings. Representing
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If It’s Not “Real Time,” Is It Solicitation? Florida to Reconsider Rule on Prohibited Solicitation
In light of the Florida Bar’s recent decision to permit attorney advertising by texting, the Florida Bar Board of Governors will review amendments to Florida’s solicitation rule at its meeting on December 4, 2015.
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Storing Client Data in the Cloud is Ethical, With Safeguards
On September 11, 2015, the Tennessee Supreme Court Board of Professional Responsibility confirmed in Formal Opinion 2015-F-159 that a lawyer may ethically allow client confidential information to be stored in “the cloud.” In doing so, the lawyer must take reasonable care to ensure that client materials remain safe and confidential. storing
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Defining the Practice of Law: North Dakota Admonishes Minnesota Attorney for UPL
Does the title “staff attorney” define the practice of law? The Supreme Court of North Dakota believes so.
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To Err is Human: When Must a Lawyer Disclose an Error to a Client?
On July 17, 2015, the North Carolina State Bar Ethics Committee (“Committee”) issued a 2015 Formal Ethics Opinion 4, discussing when it is appropriate for an attorney to disclose potential malpractice to a client. Err
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From the Lawyer’s Files…Which Documents Belong to Former Clients?
The American Bar Association (ABA) recently released a formal opinion concerning the ethical obligation of a lawyer to provide a former client with documents relating to the previous representation.
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