The Supreme Court of Georgia disbarred a lawyer for conduct that violated Rules 1.15(I)(a) and 1.15 (II)(b) of the Georgia Rules of Professional Conduct—the maximum sanction for such violations. After failing to respond to various attempts from the State Bar and Special Master to determine the validity of the allegations, the Court found that the
Ohio lawyers given the green light to hold cryptocurrency in escrow
Just last month, Ohio issued Opinion 2022-07, which allows lawyers to hold cryptocurrency in escrow, under certain conditions. It is no secret that technology tends to outpace the law, so the clarity is certainly welcomed. While this opinion sheds light on murky territory, lawyers still must proceed carefully as many ethical concerns remain.
Property
Not a gift worth receiving; discipline increased for violation of conflicts rules
Gift giving can be complicated, but especially so for lawyers if they are the intended recipient. A ruling handed down by the Vermont Supreme Court last month increased a lawyer’s suspension from three months to five months because the legal documents he drafted conveyed his client’s real and personal property to himself. While the lawyer
What not to do when you make a mistake
Maybe you were lucky and opposing counsel was able to delete the inadvertent email you sent her before she read what would have inevitably blown your whole case. But what about for those lawyers who were not so fortunate? Did you commit malpractice? Do you anticipate hearing from disciplinary counsel? Certain mistakes can be damaging
Opinion from the Buckeye State; “no-contact” rule revisited
The “no contact rule” set out in Model Rule 4.2 can be a source of confusion for many lawyers. The rule prohibits a lawyer from communicating with a represented person about the subject of the representation without the consent of the other lawyer. We have discussed the rule before in the corporate context, but
ABA opinion sheds insight as to permissible solicitation tactics
Marketing is an integral part of the private practice of law. But where is the line between permissible advertising tactics and impermissible solicitation? Often it is hard to find guidance to tell you on which side of that line your marketing strategies fall. The recent ABA Opinion 501 
may help. It sets forth several hypotheticals
Remote control: the line between UPL and remote practice
What’s trending
The rapid evolution of technology over 2 years of COVID not only allows for a remote practice, but in many regards encourages it. So much so that some firms are now hiring attorneys who will work primarily – if not exclusively – remotely.
The focus of regulators’ concerns is shifting less on where
Google can’t “conjure” privilege; must reveal Anti-Union advice
A Special Master has ordered Google to turn over supposedly “privileged” documents at issue in an NLRB dispute with former employees. Whether it is upheld in this high-profile litigation or not, the ruling points out some significant misconceptions about privilege (and work product) held by many clients and some attorneys.
Anti-union campaign advice does not
Top 5 ethics highlights from 2021: From “cat” astrophes to working-from-anywhere
2021 was a whirlwind! Lawyers have had to be more flexible and resourceful than ever. It is the year that the ups and downs of the pandemic made it abundantly clear that this is more of a marathon than a sprint. While resilience can be invigorating, the challenges are ongoing. The stress of keeping up
Worker’s comp depo: Not the time to relax your ethical standards
A Florida lawyer violated the ethics rules by texting his witness during a deposition, the Florida Supreme Court recently held. The court imposed an even stiffer penalty than recommended.
Just the facts, ma’am
In January 2020, the Florida Bar filed its Complaint against the lawyer for conduct during a telephone deposition in a worker’s