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Hampshire

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

by 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.
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Obligation

Ask and You May Receive: The Obligation to Deliver a Client’s File in a Specific Format

by in Attorney Client Relationship, Attorneys Fees, confidentiality, Ethics Opinion, Professionalism, Services, Software, Technology. Posted February 6, 2018
A recent opinion from the New York State Bar Association Committee on Professional Ethics finds that where a former client requests documents regarding his case, a lawyer must take reasonable measures to deliver the documents in a form in which the client can access them; however, the lawyer may charge the reasonable fees and expenses incurred in delivering the documents in the form requested. Obligation
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Conflict waivers

Conflicts of Interest? New York Advises on Law School Clinic and Nonprofit Collaboration

by in Conflict of Interest, Ethics Opinion, Legal Services, Professionalism. Posted January 23, 2018
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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Brightline

The ABA Draws a Brightline for Judges Conducting Independent Factual Research

by 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
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Federal

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

by 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.
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