Professionalism Archives - Page 12 of 24

Duty To Notify Clients When Their Files Are Accidentally Destroyed

by Elizabeth Gil in Legal Services, Professionalism. Posted November 11, 2015

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.

Representing the Child and her Guardian: Conflict of Interest?

by Ellen Kruk in Legal Services, News, Professionalism. Posted November 9, 2015

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

If It’s Not “Real Time,” Is It Solicitation? Florida to Reconsider Rule on Prohibited Solicitation

by Brian Vaca in Advertising Rules, Legal Services, News, Professionalism, Technology. Posted November 5, 2015

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.

South Carolina: Linking Google AdWords to Opposing Party and Counsel Violates Legal Ethics Rules

by Dalisi Otero in Advertising Rules, News, Professionalism. Posted October 15, 2015

A South Carolina attorney—who used Google AdWords to link his law firm’s advertisement to the names of an opposing party timeshare company and three attorneys associated with the timeshare company—was prosecuted by the South Carolina Bar for violations of South Carolina’s advertising rules and the Lawyer’s Oath contained in South Carolina Appellate Court Rule 402(k).

Federal Court: Florida Limitations on Advertising Specialization Are Unconstitutional

by Karyn Sanchez in Advertising Rules, First Amendment, News, Professionalism. Posted October 11, 2015

On September 30, 2015, a Florida federal court held that the Florida advertising rule that prohibits an attorney from truthfully stating that he or she specializes in a specific field of law is a violation of the First Amendment and therefore unconstitutional.

Indiana Advisory Opinion on Reporting Child Abuse: Attorneys’ Obligations & Constraints

by Elizabeth Gil in News, Professionalism. Posted October 5, 2015

What happens when an Indiana lawyer learns, while representing a client, that a child is a victim of abuse or neglect?

Discriminatory Organizations: To Participate or Not To Participate?

by Ivana Alvarez in discrimination, legal ethics, Professionalism. Posted October 1, 2015

In Opinion No. 1 of 2015, the Indiana State Bar Association Legal Ethics Committee addressed the extent to which Indiana Rule of Professional Conduct 8.4(g) limits a lawyer’s participation as a leader of a nonprofit organization that discriminates through membership requirements (e.g. on the basis of religion, gender, race, etc.). Discriminatory

[…] 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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Professionalism ( Page 12 )