Professionalism Archives - Page 3 of 24

Professionalism ( Page 3 )

Florida Bar Proposes A New Standard for Claims of Expertise in Advertisements

by Lauren Alvarez in Advertising, Legal Services, Professionalism. Posted November 17, 2018

Recently, the Florida Bar Board of Governors unanimously voted on a proposal to amendRule 4-7.14, “Potentially Misleading Advertising.”

California Gives Its Rules of Professional Conduct a Facelift

by Natalia Jaramillo in Professionalism. Posted November 10, 2018

Responding to the increasingly multijurisdictional nature of the practice of law, the California Supreme Court undertook the Herculean task of completely restructuring their existing Model Rules of Professional Conduct, bringing them closer to the ABA Model Rules of Professional Conduct.

Anti-Discrimination Rule Faces Additional Challenges

by Jose Paez in First Amendment, judges, Professionalism. Posted November 4, 2018

After a pivotal Supreme Court holding, states’ adoption of ABA Model Rule of Professional Conduct 8.4(g) faces an uphill battle. Rule

Federal Courts say #MeToo

by Rebekah Molasky in judges, News, Professionalism. Posted October 15, 2018

On September 13, 2018, the 26-member Judicial Conference proposed amendments for public comment from the recommendations contained in the June 2018 Report of the Federal Judiciary Workplace Conduct Working Group.

Beware of Trusting Your Friends That Are Lawyers

by Isabella Falcon in Attorney Client Relationship, Attorneys Fees, Professionalism. Posted September 27, 2018

On August 30, in Balducci v. Cige, the Appellate Division of the Superior Court of New Jersey held that attorney Brian Cige had a duty to explain his legal-fee agreement to Lisa Balducci, his former client, so that she could have the opportunity to make an informed decision about her representation. Beware

Lawyers Can’t Consult With Experts For the Sole Purpose of Creating a Conflict

by Samantha Iglesias in Conflict of Interest, Ethics Opinion, Professionalism. Posted September 14, 2018

The Professional Ethics Committee for the State Bar of Texas recently advised that it is impermissible for lawyers to disclose confidential information to a prospective expert or retain an expert for the sole purpose of disqualifying the expert from working for the opposing party.

Lawyer Participation in Online Legal Referral Services

by Brett Silverberg in Advisory Opinion, Attorney Client Relationship, Attorneys Fees, Ethics Opinion, News, Professionalism. Posted May 17, 2018

In its first ever formal advisory ethics opinion, the Indiana Supreme Court Disciplinary Commission addressed whether attorneys could use an online legal referral service in exchange for a marketing fee. Lawyer

Failure to Disclose Material Errors to Current Clients Will Result in Ethics Violations for Lawyers

by Jonathan Portuondo in Attorney Client Relationship, Ethics Opinion, Legal Services, News, Professionalism. Posted May 9, 2018

The American Bar Association recently published an opinion finding that lawyers who fail to disclose material errors relating to representation to their clients are in violation of their professional duty under Model Rule 1.4. Failure

Is This Mic On? Recording Interviews to Gain an Edge in Litigation

by Blaine Remmick in Interviews, Legal Services, News, Professionalism. Posted May 3, 2018

A California patent and trademark law firm is facing potential sanctions after it recorded and used the statements of an interviewee to bolster its complaint in a recently filed lawsuit against a trademark filing service. Recording

DOJ: Florida Bar Not Immune to Antitrust Liability Under Sherman Act

by Niki Namazi in Attorneys Fees, Legal Services, Professionalism, Referral Services. Posted May 1, 2018

On March 12, 2018, the United States Department of Justice issued a Statement of Interest in the case of TIKD Services LLC, v. The Florida Bar, et al., arguing that The Florida Bar is neither immune nor exempt from antitrust liability under the Sherman Antitrust Act.

[…] 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