Advising a “client” on how to move “grey money” into the U.S. has resulted in an agreed public censure in September for a New York attorney. The lawyer (along with a number of others) was caught on video by Global Witness, a British-based public advocacy group. But the sanction raises some questions regarding the
Well d’uh: ABA advises lawyers to notify clients of a data breach
Some answers are so obvious that you are left wondering why the question needed to be asked in the first place. Like “should a client pay a fee it agreed to in advance?” Or, “should an attorney try his or her best to prevail?”
And now this: the ABA’s Standing Committee on Ethics and Professional
Border searches of your e-device: encryption may be of limited value in protecting client data
Picture this: You’re travelling across U.S. borders, heading home from a client meeting abroad. However, unlike other trips, this time a Customs and Border Protection agent requests that you unlock and hand over for inspection your computer and cell phone — full of client confidential information. You’ve been concerned about this issue, and so you’ve
Riders on the storm: your ethics duties in a disaster
In the aftermath of Hurricane Florence, which last month dumped up to 35 inches of rain on parts of the Carolinas, Virginia and Maryland, caused 48 deaths, and up to $22 billion in property damage, comes a timely new ABA opinion about our ethical obligations related to disasters.
The hurricane did not spare
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
Contingent litigation funding agreements for law firms impermissible, says NYC Bar
The New York City Bar Association recently found that common forms of third-party litigation funding for law firms violate New York’s Rule 5.4(a), which like the analogous Model Rule, bars fee-splitting with non-lawyers.
In its Opinion 2018-5, the NYCBA’s Professional Ethics Committee advised that “a lawyer may not enter into a financing agreement
Lawyer’s “compassion fatigue” entitled to little weight; WA court disbars him for converting client funds, other misconduct
A Washington lawyer was disbarred last month by the state supreme court in a disciplinary case with an interesting array of issues: the heavy penalties for using trust account money to “rob Peter to pay Paul;” the danger of treating the representation of a relative too casually; “compassion fatigue” as a potential mitigating factor in
Measure twice cut once: 10th Circuit decides malpractice policy doesn’t cover overbilling claims
As the legal market continues to change, attorneys face more challenges when it comes to client relations. While the trend has been for clients to slash attorney’s fees by hiring third party auditors to review bills, or to aggressively seek discounts on fees, ethical considerations, and now the United States Court of Appeals for the
A Bitcoin for Your Thoughts?
So, you’ve just met with a potential client and the opportunity to take a fascinating case or close a major deal is at your front door. The catch? The client wants to pay for your services in Bitcoin. Do you accept? Can you accept?
The do’s and the can’s
If you’re licensed in Nebraska the
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