Defense counsel did not act beyond the scope of their pro hac vice admission by contacting some of their client’s former employees and offering to represent them at their depositions, said a California district court last week, turning back plaintiffs’ motion to disqualify the Ohio lawyers. In its opinion the court analyzed both pro hac
Better Call Saul: Legal ethics you can use
We’ve written before about Better Call Saul and its legal ethics lessons. Now, as we all WFH (work from home, that is), here comes a light-hearted series featuring Rhea Seehorn’s character, Kim Wexler, discussing various legal ethics issues. You can watch the first installment on YouTube here. It’s a fun five minutes on
No marketing using client’s info without express consent, says S.C. supreme court, even if “generally known”
As we’ve noted before (here and here), the ethical duty of confidentiality is broad, and can even cover publicly available information. Now comes a reminder that based on the confidentiality rule you should obtain consent before using your client’s name in marketing materials — and that some jurisdictions go even farther. For instance,
Going once, twice … MD bar approves charitable auctions of legal services
Looking for marketing ideas to help you or your firm stand out from the crowd? If you’re tired of branding tee shirts and mugs with your logo, how about donating your legal services to be auctioned off by a charity? As you might suspect, there are ethics issues — and Maryland’s state bar association recently
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
Settlement agreements barring use of public info nixed in ethics opinion
After hard-fought proceedings, you’ve finally settled a contentious case on behalf of your client. The plaintiff’s lawyer has brought suit against your client before, and likely will again: the lawyer advertises and uses social media aggressively to locate claimants who have the same kind of issue with your client.
Your client asks, “Can’t we include
ABA proposes changes to lawyer ad rules; but referral-fee issue as to Avvo and others remains open
The ABA is proposing changes to the Model Rules on lawyer advertising, modestly streamlining them and trying to re-establish their relevance to the way lawyers and clients interact in the digital age. The proposed amendments and their supporting memo fail to make any express adjustment for the elephant in the room — on-line referral services
Top legal ethics trends 2018: cyber-safety, the “Uber effect,” and more
Greetings 2018! Time for some ethics trend predictions to kick off the Year of the Dog (according to the Chinese zodiac). Let it be a year in which you doggedly pursue ethical practice (ouch). No more bad puns — here’s what’s hot as we begin the year:
Law firm cyber-security
No surprise here that the
FL firm trawling for clients in PA draws suit for unfair competition
A Philadelphia personal injury law firm has sued an out-of-state competitor in Pennsylvania federal court, claiming that its TV, billboard and on-line ads reaching the Philadelphia area are false and misleading, violating the Lanham Act and constituting unfair competition.
The case is a reminder that the ethics rules and disciplinary action aren’t the only exposure
Using justice’s name as part of firm name was misleading, court says
Putting your law firm name on coffee mugs and giving away donuts to prospective clients is apparently not enough anymore. Recent firm branding campaigns have included sponsorships of pro golfers and cricket players, including emblazoning the bats with the firm name.
That may be the trend of the future in Biglaw, but a much