Disclosing client information on Facebook has gotten yet another lawyer in trouble. A Massachusetts attorney was publicly reprimanded earlier this month for posting details of a guardianship case on the social media site, in violation of the Bay State’s version of Model Rule 1.6 (“Confidentiality of Information”). The Board imposed a public reprimand, rejecting an
Can your client pay with Bitcoin? Ethics issues to consider
Bitcoin has come a long way since 2010 when Laszlo Hanyecz made the first Bitcoin purchase by paying 10,000 Bitcoins for two Papa John’s pizzas – a pizza order that today would have been worth over $80 million.
In addition to the pizza giant, some law firms are now accepting cryptocurrencies in exchange for legal
Massage parlor sale results in DQ for lawyer and points to lessons on former clients
A New Jersey lawyer’s involvement in the sale of a massage parlor rubbed the district court the wrong way and resulted in his disqualification from a later suit over the transaction. In its opinion last month, the court ruled that the buyer was the lawyer’s former client, and that the earlier work on the sale
Dealing with an impaired lawyer: D.C. identifies ethics duties
It’s no secret that lawyers struggle at disproportionate rates with mental-health and substance-abuse issues. The National Task Force on Lawyer Well-Being reported in 2017 that in a study of 13,000 practicing lawyers, 28 percent struggled with depression; 19 percent struggled with anxiety; and between 21 and 36 percent qualified as “problem drinkers.” Most at risk
Can a law firm be on both sides as an amicus curiae? New York weighs in
It’s been dubbed “the Amicus Machine” — the seemingly limitless wave of amicus curiae filings in the nation’s highest court. Statistics from the Supreme Court’s 2017-18 term reflect amicus briefs filed in every one of the 63 argued cases, averaging 14+ briefs per case. For the current term, it is reported that groups have already
ABA opinion on judges and recusal based on personal relationships leaves some open questions
Can we be Facebook friends? That’s one question left open by the ABA earlier this month in Formal Opinion 488, on the subject of judges’ personal relationships with lawyers as grounds for disqualification. While spotlighting judicial ethics duties in maintaining impartiality, the opinion fails to provide some needed guidance on social media relationships.
Model
Practicing without a license is a license to lose your practice, says Ohio court
The practice of law comes in many forms and sizes. It may include giving advice about a legal right, representing a client in a legal proceeding, preparing legal documents, and negotiating on a client’s behalf. Yet what all these acts have in common is that you must have state authorization to so act. You face
No DQ for company exec-turned-lawyer; “playbook” theory doesn’t play
The California court of appeals has denied a bid by an employment discrimination defendant to disqualify the plaintiff’s legal team. The name partner in the law firm representing the plaintiff was formerly the employer’s chief operating officer — but the court rejected the assertion that his firm should be disqualified merely based on his knowledge
Wife not liable for husband’s alleged malpractice; no partnership-by-estoppel, Third Circuit holds
If you and your spouse are both lawyers, you know that you potentially face a few unique ethics issues — conflicts and confidentiality are the most obvious ones. (We’ve considered some of the ins and outs Lawyer loses home to $1 million legal mal judgment after appeals court finds no exemption
Being in the cross-hairs of a client’s legal malpractice claim is a horrible-enough experience for any lawyer. Even worse would be if your house had to be sold in order to satisfy the former client’s default judgment against you, as the Seventh Circuit ordered in a case earlier this month. The opinion spotlights how state