Professionalism Archives - Page 8 of 24

United States Supreme Court to Decide Whether Defense Attorney Can Concede Defendant’s Guilt Over Defendant’s Claim of Innocence

by Joshua Mandel in Attorney Client Relationship, News, Professionalism. Posted October 17, 2017

The United States Supreme Court has granted certiorari in McCoy v. Louisiana to decide whether a criminal defense attorney is constitutionally permitted to concede his or her client’s guilt over the defendant’s objections to such concession.

Florida Third DCA Finds No Conflict Where Attorney Sues Former Client

by Carla Menda in Conflict of Interest, News, Professionalism. Posted October 12, 2017

A decision from the Third District Court of Appeals found that two attorneys may continue to oppose each other in litigation even though one once represented the other. DCA

Florida Firm Loses Again in Dispute Over Referral Fee Agreement

by Spencer Booth in Attorneys Fees, News, Professionalism. Posted October 10, 2017

In a decision from the U.S. District Court for the District of Maryland, Florida law firm Michael E. Criden P.A. lost for the second time in its long-running effort to recover a share of $10 million in fees that another firm, Joseph Saveri Law Firm Inc., received in an antitrust litigation in California.

Written Consents Now Required When a Lawyer Subpoenas a Current Client for Another Client’s Lawsuit

by Ludovica Gardani in Conflict of Interest, Ethics Opinion, News, Professionalism. Posted October 9, 2017

According to a formal opinion issued by the New York City bar’s ethics committee, an attorney who must subpoena a current client for another client’s lawsuit typically has a conflict of interest requiring that the attorney secure informed written consent from both clients.

The Ethical Implications of Judge Posner’s New Controversial Book

by Blaine Remmick in judges, News, Pro Se, Professionalism. Posted October 6, 2017

A book published by recently-retired Judge Posner that includes copies of bench memoranda, draft opinions, and internal emails has caused some of his former colleagues to cry foul, raising ethical questions along the way.

Facebook “Friends” Aren’t Necessarily Real Friends

by Sarah Cohen in Facebook, First Amendment, judges, Professionalism, Social Media, Technology. Posted October 3, 2017

Florida’s Third District Court of Appeal has decided that a Facebook friendship doesn’t necessarily signify a close relationship warranting automatic disqualification of a judge.

Nebraska Lawyers Get the Green Light to Accept Bitcoin

by Madeline Kleinberg in Advisory Opinion, Attorneys Fees, News, Professionalism, Technology. Posted September 28, 2017

In a recent ethics advisory opinion, the Nebraska Supreme Court Advisory Committee declared that attorneys may accept digital currencies such as Bitcoin as payment for legal services, but must immediately convert the currency into U.S. dollars.

The Virginia Bar: Solo Practitioners Suffering Impairments and the Duty to Report

by mchernandez in Advisory Opinion, News, Professionalism. Posted September 25, 2017

The Virginia State Bar’s ethics committee has advised attorneys that they have an affirmative duty to act when they become aware that a solo practitioner’s impairment has resulted in a failure to provide competent representation.

To Shred, or Not to Shred: That is the Question – Nebraska Permits Attorneys to Shred Physical Files

by Kyle Dungca in confidentiality, Ethics Opinion, Legal Services, Professionalism, Technology. Posted September 21, 2017

The Nebraska Supreme Court’s ethics committee has released an advisory opinion permitting attorneys to destroy physical copies of a client’s closed file so long as it is preserved in electronic form. However, the opinion advises that before a physical file may be digitized and subsequently destroyed, attorneys should consider: Shred

[…] 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 8 )