For decades, commentators and practitioners have bemoaned the deteriorating level of collegiality in the practice of law. But at the same time, popular culture and advertising have glorified (and financially rewarded) lawyers with a pugilistic character. And research suggests that bullying can go on as much within a firm as between them. Do we have
Defendants in repetitive litigation like product liability suits brought by the same lawyer or lawyers may think it makes perfect sense to include opposing counsel as a party to the settlement agreement, particularly one with a non-disparagement clause. Tennessee became the latest state to throw cold water on that idea.
The Board of Professional
A recent decision from North Carolina highlights the complications faced by disciplinary authorities in dealing with the ever-increasing number of attorneys working “remotely” in other jurisdictions.
A New York licensed attorney living in North Carolina was nearly disbarred until the North Carolina appellate court reversed the disbarment orders of the North Carolina Discipline Hearing Commission
The American Bar Association Standing Committee on Ethics and Professional Responsibility (the “Committee”) issued its most recent opinion, which has an interesting new take on Model Rule 1.16 and the hot potato rule.
Rule 1.16 addresses lawyer withdrawal. Subsection (a) defines when lawyers must withdraw or terminate their representation of a client, and
Today, several jurisdictions (D.C, Utah and Arizona) permit lawyers to practice in organizations where non-lawyers have ownership interests. For example, D.C.’s Rule 5.4(b) permits D.C. barred attorneys to “practice law in a partnership or other form of organization in which a financial interest is held or managerial authority is exercised by an individual nonlawyer who
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.
The ABA Standing Committee on Ethics and Professional Responsibility (the “Committee”) recently issued its first opinion on generative AI and not a day too soon. While states such as Florida, California, West Virginia, and Kentucky, as well as the District of Columbia have issued generative AI guidance, most states have yet
Conflicts of interest aren’t always straightforward, especially with trust and estate planning matters. The Supreme Court of Utah recently determined that there was no former client conflict under Utah’s Rule 1.9 where lawyers were found to have only represented the former trustees and not the trust itself in litigation.
Trustees (“Trustees”) hired lawyers to represent
This blog post was co-authored by Thompson Hine partner Tony Rospert and associate Micah Fishman.
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
A common situation faced by law firms – and especially larger law firms – is the potential conflicts and disqualifications posed by Model Rule 1.10(a)’s imputation of one lawyer’s conflicts to all lawyers in the firm. This can become a substantial issue when different lawyers get initial calls from different parties to an event or