News Archives - Page 3 of 22 - Legal Ethics Advisor

New York: Okay to Limit Contact with a Difficult Client

by Zachary Sonenblum in Attorney Client Relationship, Ethics Opinion, News, Professionalism. Posted March 6, 2018

A recent ethics opinion from the New York State Bar Association found that a lawyer may limit contact with a difficult client provided that the lawyer maintain prompt communication and consultation with the client on matters within the lawyer’s duty of communication. Okay

Keeping It All in the Family—When Should State Supreme Court Justices Recuse Themselves?

by Blaine Remmick in Conflict of Interest, judges, News, Professionalism. Posted February 28, 2018

An Ohio Supreme Court Justice has become the subject of an ethics complaint that alleges the Justice decided cases in which his father was a named party, allowed his father to use the Justice’s image to promote his father’s gubernatorial campaign, and abused his clout to help his son obtain a paid internship at an Ohio county prosecutor’s office. Family

Timeshare Corp’s Lawsuit Against Law Firm for False & Misleading Advertising Survives Motion to Dismiss

by Jonathan Portuondo in Advertising, Attorney Client Relationship, News, Professionalism. Posted February 22, 2018

A Florida U.S. District Court denied a law firm’s motion to dismiss a lawsuit that alleges that the firm employs false and misleading advertising to obtain and encourage clients to breach timeshare contracts.

Pennsylvania District Court Finds No Attorney-Client Privilege for Settlement Lists in Delinquent Tax Case

by Niki Namazi in Attorney Client Relationship, confidentiality, News, Professionalism. Posted February 20, 2018

On February 1, 2018, a Third Circuit panel affirmed a Pennsylvania district court’s ruling in favor of the Internal Revenue Service (IRS), concluding that the attorney-client privilege does not shield an attorney’s client and settlement lists from the IRS during an investigation for delinquent taxes.

Non-Resident New York Defense Counsel Disqualified: Virtual Office Space Insufficient

by Carla Menda in News, Professionalism. Posted February 15, 2018

A non-resident New York attorney and a California firm serving as co-counsel were disqualified from representing the defendants in a New York case based upon the plaintiff’s motion that alleged, in part, that defense counsel did not maintain a physical office space in the state of New York.

U.S. Supreme Court Chief Justice and Ninth Circuit to Study Workplace Code of Conduct

by Mariam Grigoryan in judges, News, Professionalism. Posted February 13, 2018

Allegations of sexual harassment in the workplace have recently been in the forefront of the country’s major news stories, and the judicial branch is no exception. In fact, in his end of the year report on the judiciary U.S. Supreme Court Chief Justice John Roberts noted

New Hampshire Bar Finds Lawyer-Client Bartering is a Business Transaction

by Lina Mesa in Advisory Opinion, Attorney Client Relationship, Attorneys Fees, News, Professionalism. Posted February 8, 2018

A recent opinion published by the New Hampshire Bar Association Ethics Committee finds that legal fee bartering is a business transaction with a client subject to ABA Model Rule 1.8(a) requirements, which apply a reasonable standard and include a thorough discussion with the client, the suggestion that the client seek advice from another lawyer, and written consent.

The ABA Draws a Brightline for Judges Conducting Independent Factual Research

by Daniel Celaya in Ethics Opinion, judges, News, Professionalism, Social Media, Technology. Posted January 16, 2018

The American Bar Association’s latest formal opinion prohibits judges from conducting independent research on adjudicative facts unless the information is subject to judicial notice. However, judges are permitted to use the Internet to search for general contextual information and to research legislative facts. Brightline

Proposed Amendment to the Federal Rules Would Require Disclosure of Third-Party Litigation Funding

by mchernandez in Attorneys Fees, confidentiality, Conflict of Interest, News, Professionalism. Posted December 19, 2017

On November 7, 2017, the Advisory Committee on Civil Rules established a new subcommittee that will study whether the potential ethical and judicial concerns surrounding third-party litigation funding merit the enactment of amendments to the federal rules that would require disclosure of outside investment in any action filed in federal court. The issue is scheduled for discussion during the committee’s April 10, 2018 meeting in Philadelphia.

Colorado Goes Live with Lawyer Self-Assessment Program

by Ludovica Gardani in confidentiality, Conflict of Interest, News, Professionalism, Services, Software, Technology. Posted December 5, 2017

On October 24, 2017, the Colorado Supreme Court launched an online platform aimed at helping Colorado lawyers to practice ethically, avoid disciplinary actions, and reduce stress when dealing with rules of professional conduct.

[…] 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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