A ruling handed down last month by the South Carolina Supreme Court provides object lessons on several aspects of the lawyer discipline system and how to stay out of trouble. In its order and opinion, the court publicly reprimanded a lawyer who pursued a probate case all the way to the U.S. Supreme Court,
Your Florida house is safe!
Are you a snow bird? Do you or one of your partners have a second home in Florida? Many do, and it’s long been a source of anxiety that working remotely from that home might be a problem. After all, many of those doing client work while in the Sunshine State are not licensed to
It’s five o’clock somewhere: Lawyers working remotely from other jurisdictions during COVID-19
Whether to flee from areas experiencing COVID-19 outbreaks, or simply to take advantage of the opportunity to work far away from the office, lawyers may sometimes wish to work remotely from a jurisdiction other than the one where they are licensed. Though you may dream of “practicing” from a laptop in the distant California mountains,
Ohio considers rule change to allow practice while lawyers wait to “waive in”
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