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
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
In the days of yore, lawyers were generally viewed as a socially “conservative” group not likely to seek attention or say controversial or unkind things in public. Those days are, of course, long gone. Today many lawyers go out of their way to say things that are intended to draw attention and address controversial topics.
You just figured out that the materials you got from opposing counsel include documents that may have been inadvertently included. What should you do? Model Rule 4.4(b) provides a clear answer—promptly notify the sender. But what happens when you receive, through non-party discovery, a DropBox link that supplies you with live access to opposing party’s
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
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
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
Can violating a legal ethics rule qualify as an unfair trade practice under a state’s consumer protection statute? A Florida district court recently said “Yes.” The question arose in motion practice over the admissibility of expert testimony in a timeshare-exit case.
And then there was one
A group of entities connected to Wyndham Vacation Resorts