“Attorneys carry substantial responsibility, but it is folly to suggest it is limitless,” said the New Jersey Supreme Court last week. The court ruled that when the Fox Rothschild firm complied with its client’s disbursement instructions it did not thereby convert funds that a non-client had wired to the firm’s trust account — even though,
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
Can a law firm be on both sides as an amicus curiae? New York weighs in
It’s been dubbed “the Amicus Machine” — the seemingly limitless wave of amicus curiae filings in the nation’s highest court. Statistics from the Supreme Court’s 2017-18 term reflect amicus briefs filed in every one of the 63 argued cases, averaging 14+ briefs per case. For the current term, it is reported that groups have already
Practicing without a license is a license to lose your practice, says Ohio court
The practice of law comes in many forms and sizes. It may include giving advice about a legal right, representing a client in a legal proceeding, preparing legal documents, and negotiating on a client’s behalf. Yet what all these acts have in common is that you must have state authorization to so act. You face
Wife not liable for husband’s alleged malpractice; no partnership-by-estoppel, Third Circuit holds
If you and your spouse are both lawyers, you know that you potentially face a few unique ethics issues — conflicts and confidentiality are the most obvious ones. (We’ve considered some of the ins and outs Litigation-funding agreement “champertous” and unenforceable, MN appeals court rules
Third-party litigation funding is a growing and, some say, controversial industry. We’ve written before about whether such arrangements are permitted under state ethics rules (here), and we reported on the first effort to mandate disclosure of third-party funding via federal court rule (here), as well as the first state statute requiring
No DQ for firm in California homeless rights case, says district court
“DQ” at this time of year makes me think of drive-in ice-cream cones. But I actually mean “DQ” as in “disqualification,” and instead of sugar cones, it points to an interesting case involving some take-home lessons about conflicts of interest.
Crisis of unhoused residents
California’s massive homelessness problem has been the subject of several federal
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
Military prosecutor sent “bugged” e-mail to defense lawyers, says motion
We’ve written before about “web bugs” — tracking devices consisting of an object embedded in a web page or e-mail, that unobtrusively (usually invisibly) reveal whether and how a user has accessed the content. Three jurisdictions (Alaska, New York and, most recently, Illinois) have issued opinions pointing to the ethics
Employee’s theft leads to discipline for former OH judge
A former part-time Ohio judge and bankruptcy trustee whose bookkeeper was convicted of stealing funds from his trust account was publicly reprimanded last week for failing to reconcile his trust account monthly and failing to adequately supervise his staff. The court’s opinion spotlights the potential legal ethics problems that dishonest non-lawyer staff can create. Below