We’ve written before about the breadth of the duty of confidentiality we owe to our clients, and how it even extends to matters that you think are safe to discuss because they are of “public record.” (See here and here.) Now comes the ABA’s latest on the subject of lawyer “public commentary” — Formal
Litigation privilege didn’t shield lawyer’s demand letter; defamation suit vs. Bill Cosby revived
One of Bill Cosby’s accusers can continue with her defamation suit, the California state court of appeals said in an opinion late last year, holding that the trial court erred when it used the state’s anti-SLAPP law to partially strike Janice Dickinson’s complaint against the entertainer. Dickinson had based one of her claims on statements
Want to limit the scope of your representation? You’d better document it.
The concept of “unbundled” legal services is laid out in Model Rule 1.2(c), which provides that lawyers may limit the scope of their representation in reasonable ways, if the client gives informed consent. The rule opens the way to representing a client as to one phase of a matter, or as to certain issues or
Apocalypse now? Two tales of dishonesty, fraud, deceit, misrepresentation
In the ethics class that I teach as an adjunct law prof, I refer to Model Rule 8.4(c) as “The Four Horsemen of the Apocalypse,” because of the four things the rule prohibits: dishonesty, fraud, deceit and misrepresentation.
While these ethical no-no’s are certainly not equivalent to the biblical “four horsemen” (Death, Famine, War and
ABA proposes changes to lawyer ad rules; but referral-fee issue as to Avvo and others remains open
The ABA is proposing changes to the Model Rules on lawyer advertising, modestly streamlining them and trying to re-establish their relevance to the way lawyers and clients interact in the digital age. The proposed amendments and their supporting memo fail to make any express adjustment for the elephant in the room — on-line referral services
Unauthorized practice for 18 years in RI draws suspension in MA
Out of Massachusetts comes a disciplinary opinion illustrating (again) the multiple consequences that can come from the unauthorized practice of law. In this one, however, the twist is that two brothers were involved — and they apparently got away with their UPL for 18 years.
Practicing in the Ocean State
The two brothers were licensed
Don’t fall down on competence — the first rule in the rule book
Does the new year have you thinking about taking on work in a new practice area? Maybe business in your accustomed area is slowing, and you’re considering shifting gears. If so, beware of dabbling in areas where you don’t have the requisite knowledge and skill to provide competent representation to your client.
The ethical duty
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
Top legal ethics trends 2018: cyber-safety, the “Uber effect,” and more
Greetings 2018! Time for some ethics trend predictions to kick off the Year of the Dog (according to the Chinese zodiac). Let it be a year in which you doggedly pursue ethical practice (ouch). No more bad puns — here’s what’s hot as we begin the year:
Law firm cyber-security
No surprise here that the
ABA explains when former-client info is “generally known” and can be used
Holiday parties are great times to socialize and network with colleagues. But the casual atmosphere and the sometimes-plentiful adult beverages can also tempt you to tell war stories that reveal too much about your past clients, potentially violating your continuing duty of confidentiality under Model Rule 1.9. But what’s “too much”? If something about