As we welcome 2026 with high hopes and new resolutions, let’s review some highlights from 2025 and consider practices that should be carried forward into the new year and those which should be left behind.
Ethics Opinions Issued in 2025
In Texas Ethics Opinion 701, the Professional Ethics Committee concluded that an attorney
The District of Columbia Bar recently issued Ethics Opinion 391, providing insight as to ethical issues lawyers and law firms should bear in mind when considering agreements with government entities. While the Opinion specifically analyzes the DC Rules of Professional Conduct, versions of the same three rules raised are found in nearly every state.
We recently discussed the ethics rules that lawyers must bear in mind when trying to attract new clients through social media channels. Practitioners may find it difficult to avoid social media in their daily practice. There are many traps for the unwary when using social media in the context of litigation. It is worthwhile for
Lawyers sometimes forget that, as the American Bar Association has noted, we cannot “take off the lawyer hat” to circumvent ethics rules. Likewise, lawyers are not any less susceptible to discipline for ethics violations just because their conduct takes place on social media instead of the courtroom. These are important rules to keep in
The North Carolina Business Court recently issued an order revoking the pro hac vice admission of a Florida attorney and barring him from practicing in North Carolina courts for an entire year. The order arose from a series of misrepresentations and failures to correct inaccuracies made in connection with pro hac vice applications, as well
While perceptions and descriptions may vary, the term “unworthy client” generally includes dishonest clients whose lawyers get entangled in their client’s web of deceit. Even reputable law firms can easily become entangled with dubious clients if they aren’t paying close enough attention. Not surprisingly, lawyers and firms caught up in these situations are
For decades, commentators and practitioners have bemoaned the deteriorating level of collegiality in the practice of law. But at the same time, popular culture and advertising have glorified (and financially rewarded) lawyers with a pugilistic character. And research suggests that bullying can go on as much within a firm as between them. Do we have
Defendants in repetitive litigation like product liability suits brought by the same lawyer or lawyers may think it makes perfect sense to include opposing counsel as a party to the settlement agreement, particularly one with a non-disparagement clause. Tennessee became the latest state to throw cold water on that idea.
The Board of Professional
A recent decision from North Carolina highlights the complications faced by disciplinary authorities in dealing with the ever-increasing number of attorneys working “remotely” in other jurisdictions.
A New York licensed attorney living in North Carolina was nearly disbarred until the North Carolina appellate court reversed the disbarment orders of the North Carolina Discipline Hearing Commission
The American Bar Association Standing Committee on Ethics and Professional Responsibility (the “Committee”) issued its most recent opinion, which has an interesting new take on Model Rule 1.16 and the hot potato rule.
Rule 1.16 addresses lawyer withdrawal. Subsection (a) defines when lawyers must withdraw or terminate their representation of a client, and