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Ethical

Update on the Ethical Implications of Ex-Judge Posner’s New Book

After causing an uproar from his former colleagues with his new book, Reforming the Federal Judiciary: My Former Court Needs to Overhaul Its Staff Attorney Program and Begin Televising Its Oral Arguments, recently-retired Judge Posner has moved forward with his crusade with the announcement that he will be representing pro se litigants. Ethical
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Authorization

No Implied Authorization: Consent is Key to Discuss Intentions of Deceased Client’s Will in Colorado

The Colorado Bar Association Ethics Committee recently published an opinion finding that will-drafting attorneys cannot volunteer information about a deceased client’s intentions to their beneficiaries without the previous consent of the client or their agent. Authorization
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Philadelphia

Philadelphia Law Firm Sues Morgan & Morgan Over Misleading Advertisements

Rosenbaum & Associates, a Philadelphia personal injury law firm, recently filed a complaint against Morgan & Morgan, a Florida-based personal injury law firm, in the U.S. District Court for the Eastern District of Pennsylvania. The complaint alleges that Morgan & Morgan falsely advertises that it represents clients in the Philadelphia area.
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Prohibition

D.C. Court of Appeals Out-of-State Lawyers Prohibition Challenged

On September 15, the National Association for the Advancement of Multijurisdictional Practice (NAAMJP) filed a writ of certiorari petition appealing a D.C. Circuit Court of Appeals decision affirming local rules that bar out-of-state attorneys from practicing before Washington, D.C.’s federal court if they are not admitted to the bar where their law firm is based. NAAMJP argues that these rules are discriminatory and “deliberately sidestep the rule of law and binding precedent.” Prohibition
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Professional

New York State Bar: Lawyers Offering Professional Services that are Indistinct from Legal Services Remain Subject to Rules of Professional Conduct

The New York State Bar Association (“NYSBA”) Committee on Professional Ethics has issued an advisory opinion stating that all of New York’s Rules of Professional Conduct apply to any non-legal service provided by a New York attorney when those services are indistinct from the attorney’s own legal services.
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