We’ve written a lot over the past six years about the Rules of Professional Conduct, and for good reason. The lawyer conduct rules represent a floor: when your conduct sinks below the floor, you can merit professional discipline. But there are other norms and mores in our legal community, namely standards of professionalism. As the
Screen-surveillance not required for remote depo, SDNY says, but sets other limits
If you’re a litigator, you may have already experienced the brave new world of remote videoconference depositions. If you haven’t yet you will, and when you do, you may have to think about what opportunities for misconduct arise when you aren’t in the room with the witness. If you’re not there to watch, can the
Does a client transaction raise flags? You might have a duty to inquire further
Yelp review leads to N.J. lawyer’s suspension where client info was not “generally known”
We’ve noted before that just because information relating to your representation of a client might be publicly available, your duty of confidentiality means that you can’t disclose it if it is not “generally known.” The two concepts — public availability and being “generally known” — are not the same, as a New Jersey lawyer learned
Sexy texts, unauthorized practice spell suspension for OH lawyer
An Ohio lawyer crossed a border and also a line, leading to a two-year suspension and a restitution order under an opinion the state supreme court handed down this week. The suspension was based on ethics violations as to numerous clients, but one involved the prohibitions against unauthorized practice and sexual activity with clients. The
Quick malpractice settlement with uncounseled client merits suspension, says TN court
Falling below the standard of care in providing legal services to a client can of course bring a malpractice claim down on your head — and as we’ve pointed out, the economic climate resulting from the Covid-19 pandemic raises the risk of such claims. Let’s say that you’ve actually made an error. If you
Ethics and risk management: What will the “new normal” look like?
When we scheduled our daughter’s wedding for March 15 in New York City, little did we know how surreal the world would be by then. The wedding did happen, with a much-reduced number of guests, hand sanitizer on each table, and with the hora joyously danced with gloves on. The next day, the governor banned
Five ways to stay out of ethics trouble in 2020
As 2020 kicks off, let’s take a look back at situations that got lawyers into ethical hot water last year. They each point to some ways you can stay out of trouble this year.
1. Talk nicely
As widely reported, calling your opposing counsel a “bowl of d- – ks,” among other epithets is
Overbilling based on reconstructed time charges leads to suspension for Bay State lawyer
If you’re making a New Year’s resolution to improve your time-keeping and billing habits, you can draw inspiration from this cautionary tale, detailing how a Massachusetts lawyer, a partner at a large firm, has been suspended for six months for overbilling clients at her prior firm.
3,000+ billable hours?!
As widely reported, the partner’s
Brief full of “gibberish” was actually written by client, but lawyer sanctioned with fees, double costs
As widely reported in the news, the Seventh Circuit Court of Appeals last month harshly rebuked an Illinois lawyer for submitting a rambling 86-page appellate brief that the court said was “incoherent” and “gibberish.” Quotes from the brief indeed made it appear deficient. (One section, said the court, consisted solely of the heading “GAMESMANSHIP” and