Do we need another reminder about the perils of posting internet comments on cases and matters we are connected with? Apparently we do, and here’s a strong one. Earlier this month, an assistant U.S. attorney for the Eastern District of Louisiana was disbarred based on hundreds of comments he posted pseudonymously on the website of
No DQ for violation of no-contact rule, but notes of interview must be turned over, says district court
A federal district court refused last week to disqualify a Connecticut lawyer in a suit against Yale University, even though finding a violation of the state’s version of Model Rule 4.2, the “no contact rule.” Although ruling that disqualification was too extreme a sanction, the court ordered the turnover of interview notes from the
Client can be asked to indemnify lawyer against third-party claims, says ethics opinion
You probably know about the ethics rule that prohibits lawyers from trying to prospectively limit their liability to clients (or at least I hope you do!). You can find it in your state’s version of Model Rule 1.8(h).
In an interesting twist, the Utah Ethics Advisory Committee recently opined that it’s permissible to include
NY lawyer censured for conduct in fake “client” consult
Advising a “client” on how to move “grey money” into the U.S. has resulted in an agreed public censure in September for a New York attorney. The lawyer (along with a number of others) was caught on video by Global Witness, a British-based public advocacy group. But the sanction raises some questions regarding the
Well d’uh: ABA advises lawyers to notify clients of a data breach
Some answers are so obvious that you are left wondering why the question needed to be asked in the first place. Like “should a client pay a fee it agreed to in advance?” Or, “should an attorney try his or her best to prevail?”
And now this: the ABA’s Standing Committee on Ethics and Professional
Border searches of your e-device: encryption may be of limited value in protecting client data
Picture this: You’re travelling across U.S. borders, heading home from a client meeting abroad. However, unlike other trips, this time a Customs and Border Protection agent requests that you unlock and hand over for inspection your computer and cell phone — full of client confidential information. You’ve been concerned about this issue, and so you’ve
Riders on the storm: your ethics duties in a disaster
In the aftermath of Hurricane Florence, which last month dumped up to 35 inches of rain on parts of the Carolinas, Virginia and Maryland, caused 48 deaths, and up to $22 billion in property damage, comes a timely new ABA opinion about our ethical obligations related to disasters.
The hurricane did not spare
No talking to experts just to cause disqualification, TX ethics opinion says
You can’t interview potential expert witnesses and share confidential information with them solely to taint them with a conflict that would prevent the experts from working for the other side, the Texas State Bar Professional Ethics Committee recently said in Opinion No. 676.
“T’aint” ethical
Lots of litigation requires expert testimony in order to
LegalForce v. UpCounsel suit challenges on-line lawyer ratings, processing fees
Making big news this summer was the shut-down of Avvo Legal Services just a few months after it was acquired by Internet Brands. (A couple of the many reports are here and here.) Some speculated that the new corporate owner had no stomach to continue to fight for that portion of Avvo’s business
Contingent litigation funding agreements for law firms impermissible, says NYC Bar
The New York City Bar Association recently found that common forms of third-party litigation funding for law firms violate New York’s Rule 5.4(a), which like the analogous Model Rule, bars fee-splitting with non-lawyers.
In its Opinion 2018-5, the NYCBA’s Professional Ethics Committee advised that “a lawyer may not enter into a financing agreement