In the days of yore, lawyers were generally viewed as a socially “conservative” group not likely to seek attention or say controversial or unkind things in public. Those days are, of course, long gone. Today many lawyers go out of their way to say things that are intended to draw attention and address controversial topics.
Professionalism
Must Lawyers Always Tell the Truth (Even When Negotiating Settlement Agreements)?
This blog post was co-authored by Thompson Hine partner Tony Rospert and associate Micah Fishman.
Yes. Or at Least, They Shouldn’t Lie. (Do We Even Need to Say That?)
Lawyers experienced in the art of settlement negotiations can become primarily focused on little more than getting the best results for their client and will…
Ohio provides guidance on permissible bonus structures for nonlawyer staff
Qualified non-lawyer support staff is a key component to the operation of many law firms and law offices across the country. Accordingly, the lawyers in those firms have a great interest in retaining exceptional nonlawyer staff. But the Ohio Board of Professional Conduct (the “Board”), recently reminded lawyers of the ethical restrictions placed upon them…
ABA distinguishes between legitimate witness preparation and improper coaching tactics
The ABA Standing Committee on Ethics and Professional Responsibility, (the Committee”) recently issued Formal Opinion 508—which highlights the differences between proper witness preparation and unethical “coaching.” The Opinion also sheds light on how remote platforms have paved the way for easier and less detectable means of improper coaching.
What is allowed?
Discussing testimony with…
Censure serves as reminder that zealous advocacy is no excuse for lack of candor toward tribunal
Your client has just been sentenced as a first-time DWI offender earlier this morning. Later in the afternoon, you are in another courthouse. Your same client is facing sentencing for another DWI. The driver’s abstract has not yet been updated to reflect that, based on the morning’s plea, your client is no longer a first-time…
ABA opinion spells out “reply all” implications in electronic communications
Many of us have had the experience of opposing counsel copying their client on an email about the matter (and sometimes an email that takes us to task for some supposed transgression). The immediate response may be to “Reply All” and tell the lawyer (and their client) that they are wrong. Satisfying, but when you…
ABA provides guidance on the “no-contact rule” for pro se lawyers
Model Rule 4.2 is often referred to as the “no-contact” rule, prohibiting lawyers from contacting represented parties regarding the subject matter of the representation without first obtaining a court order or the consent of the other party’s lawyer. Just last month, the ABA issued Formal Opinion 502, which warns pro se lawyers—that is, lawyers…
Lack of participation in disciplinary process leaves no basis for sanction less than disbarment
The Supreme Court of Georgia disbarred a lawyer for conduct that violated Rules 1.15(I)(a) and 1.15 (II)(b) of the Georgia Rules of Professional Conduct—the maximum sanction for such violations. After failing to respond to various attempts from the State Bar and Special Master to determine the validity of the allegations, the Court found that the…
Ohio lawyers given the green light to hold cryptocurrency in escrow
Just last month, Ohio issued Opinion 2022-07, which allows lawyers to hold cryptocurrency in escrow, under certain conditions. It is no secret that technology tends to outpace the law, so the clarity is certainly welcomed. While this opinion sheds light on murky territory, lawyers still must proceed carefully as many ethical concerns remain.
Property…
Not a gift worth receiving; discipline increased for violation of conflicts rules
Gift giving can be complicated, but especially so for lawyers if they are the intended recipient. A ruling handed down by the Vermont Supreme Court last month increased a lawyer’s suspension from three months to five months because the legal documents he drafted conveyed his client’s real and personal property to himself. While the lawyer…