Like it or not, artificial intelligence is not going away and it’s evolving—quickly. While AI talk has been brewing for quite some time, many of us assumed AI’s direct effect on our business was still years off. But over the last year the pace of development and use has accelerated exponentially and it is
Unauthorized practice
Ohio clarifies when out-of-state lawyers are permitted to conduct and defend depositions
Anyone who takes or defends depositions in Ohio will want to be familiar with Opinion 2022-13, issued by The Ohio Board of Professional Conduct (“the Board”). The Opinion will be of particular interest to out-of-state lawyers who want to take depositions in Ohio but are concerned about engaging in the unauthorized practice of law.…
Remote control: the line between UPL and remote practice
What’s trending
The rapid evolution of technology over 2 years of COVID not only allows for a remote practice, but in many regards encourages it. So much so that some firms are now hiring attorneys who will work primarily – if not exclusively – remotely.
The focus of regulators’ concerns is shifting less on where…
Ethics rule violation relevant to trade practice claim against lawyer, FL district court rules
Can violating a legal ethics rule qualify as an unfair trade practice under a state’s consumer protection statute? A Florida district court recently said “Yes.” The question arose in motion practice over the admissibility of expert testimony in a timeshare-exit case.
And then there was one
A group of entities connected to Wyndham Vacation Resorts…
For lawyers, work-from-anywhere might be the new model: NY and FL developments
Two recent developments in states accounting for a hefty percentage of U.S. lawyers spotlight the profession’s move toward technology-based practice models that are untethered from physical offices.
In New York, the state senate last month unanimously passed a bill that would remove the requirement — dating to 1909 — that New York-licensed lawyers residing outside…
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,…
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…
DOJ division leader apologizes for license lapse and inadvertent practice
Have you recently made a career move — maybe going in-house? Or shifting from a firm to government work? When you’re dealing with a work-life change, watch out for details that can too-easily fall through the cracks — like your license to practice, the date it expires, and whether you are in line to get…
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…