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

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

Rule 1.8 addresses conflicts that can arise between a lawyer and client (as opposed conflicts between clients).  Prior to the adoption of Model Rule 1.8 in 1983, the ABA Model Code flatly prohibited agreements limiting liability. DR 6-102(A) provided that “A lawyer shall not attempt to exonerate himself from or limit his ability to

Multijurisdictional practice can make any lawyer’s head spin, especially for lawyers licensed in multiple jurisdictions. The ABA Standing Committee of Ethics and Professional Responsibility, (the “Committee”) recently issued Formal Opinion 504, which breaks down the choice-of-law rules found in Model Rule 8.5.

Litigation

Model Rule 8.5(b)(1) provides that, for conduct in connection with

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

Joint representations can present a host of ethical issues for lawyers to navigate including what to do with the clients’ file upon termination of the representation. The NYSBA’s Committee on Professional Ethics recently issued Opinion 1249 which explains that in a joint representation, the presumption is that the lawyer will share confidential information received from

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.

On Monday, the Supreme Court dismissed the writ of certiorari as improvidently granted in In re Grand Jury, a case that had potentially significant consequences for federal common law attorney-client privilege. Oral argument in the case was heard on January 9, 2023. The case hinged on which test should be used to determine whether

Lawyers face tremendous professional stress in the best of times between long hours, deadlines, and the adversarial nature of the work itself. The landmark 2016 report, The Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys[1], showed that attorneys experience problematic drinking at a rate much higher than other populations

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