Although I love my home state of Ohio, I have to acknowledge that we are not often in the avant-garde when it comes to legal ethics. After all, Ohio was one of the last jurisdictions in the Union to adopt the Model Rules of Professional Conduct (2007). But last week, the Ohio Supreme Court put
Cases underscore some pro hac vice ethics pitfalls
If you’re admitted to handle a case PHV, mind your P’s and Q’s.
Translation: Pro hac vice admission to practice before a court outside the state where you’re licensed requires attention to a range of ethics duties, and running afoul of them can have bad consequences. Two recent cases spotlight some of the issues.
We’re
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
Snow-bird lawyers should be aware of limits on practice from second home
It’s cold outside, baby! At least it is here in northeast Ohio. If you live in the frozen north, you might be lucky enough to have a winter home in a more weather-friendly state where you spend part of your time. What if you want to do legal work from there while enjoying the sunshine
Virtual law offices OK’d, but unauthorized practice issues linger
Practicing law out of a “virtual law office” (“VLO”), without being tied to the overhead expense of a brick-and-mortar facility, is increasingly attractive to lawyers in many stages of their careers: junior lawyers hanging out their shingles in a tough market; senior lawyers who want to keep practicing, but in a flexible format; and mid-career
Ethics opinion nixes use of verein names in TX, but firms say “Business as usual.”
As we’ve predicted before, the increasing globalization of high-level legal practice continues to create questions about forms of legal practice – in particular, vereins, a structure aimed at letting firms based in different countries operate under a unified brand. Mega-firms Fulbright & Jaworski and Dentons have faced motions to disqualify centered on structural issues, and now a Texas ethics opinion issued last month questions whether lawyers in the Lone Star state can use a verein name on pleadings.
Continue Reading Ethics opinion nixes use of verein names in TX, but firms say “Business as usual.”
Out-of-state lawyer disciplined for e-mail negotiations; no safe harbor from unauthorized practice, says MN court
Has your mother-in-law ever asked you for legal help? Giving legal advice to family members can be challenging for lots of reasons — but it comes with the territory when you have a law license. A Colorado lawyer, however, recently got into disciplinary trouble for helping his Minnesota in-laws in a small collection matter. In a badly flawed decision, the Minnesota Supreme Court decided that he’d engaged in the unauthorized practice of law.
Continue Reading Out-of-state lawyer disciplined for e-mail negotiations; no safe harbor from unauthorized practice, says MN court
Florida district court rules it lacks jurisdiction to determine unauthorized practice charge
In a puzzling ruling handed down on May 25, a Florida district court judge ruled that the court lacked jurisdiction to address whether a Massachusetts lawyer who appeared on behalf of his defendant client at a Florida mediation was engaging in the unauthorized practice of law.
Continue Reading Florida district court rules it lacks jurisdiction to determine unauthorized practice charge
Five legal ethics developments to watch in 2016
What was the most important development in the legal ethics arena over the past five years? I was honored to be asked by LexBlog, the folks who provide our blog platform, to share my views on this topic on the LXBN network, which has 8,000+ blog authors. But of course, the invitation also made
Filing complaint before being admitted pro hac vice voided pleading, says Ohio court of appeals
If your opposing counsel is from out of state and jumps the gun by filing a complaint before being admitted pro hac vice, can you get the complaint tossed? According to a recent opinion from the Seventh District Ohio Court of Appeals, the answer is “yes.” By implication, the opinion also points to some