One market effect of the ongoing COVID-19 pandemic is that transactional clients might be eager to offer you stock or some other form of participation in a deal in lieu of your legal fees. An uptick in proposals like this could come as clients try to limit cash outlays until the business climate and their
Does a client transaction raise flags? You might have a duty to inquire further
New legal ethics opinions: CA finally weighs in on pot; ABA opines on would-be clients
The eyes of the nation and of the world have been on crucial issues of racial inequity in the past few weeks following the death of George Floyd at the hands of police. These issues penetrate to the very essence of how we can maintain a just society — issues that likewise go to the
Yelp review leads to N.J. lawyer’s suspension where client info was not “generally known”
We’ve noted before that just because information relating to your representation of a client might be publicly available, your duty of confidentiality means that you can’t disclose it if it is not “generally known.” The two concepts — public availability and being “generally known” — are not the same, as a New Jersey lawyer learned
No DQ for soliciting, representing client’s former employees at depo says CA district court
Defense counsel did not act beyond the scope of their pro hac vice admission by contacting some of their client’s former employees and offering to represent them at their depositions, said a California district court last week, turning back plaintiffs’ motion to disqualify the Ohio lawyers. In its opinion the court analyzed both pro hac
Sexy texts, unauthorized practice spell suspension for OH lawyer
An Ohio lawyer crossed a border and also a line, leading to a two-year suspension and a restitution order under an opinion the state supreme court handed down this week. The suspension was based on ethics violations as to numerous clients, but one involved the prohibitions against unauthorized practice and sexual activity with clients. The
Quick malpractice settlement with uncounseled client merits suspension, says TN court
Falling below the standard of care in providing legal services to a client can of course bring a malpractice claim down on your head — and as we’ve pointed out, the economic climate resulting from the Covid-19 pandemic raises the risk of such claims. Let’s say that you’ve actually made an error. If you
Can you buy groceries for a client? NYC bar urges ethics rule reform
Lawyers should be allowed to help provide “basic financial assistance to indigent clients — such as money for groceries, clothes or medical supplies,” the New York City Bar Association said last week in a letter to the state’s courts. In light of the urgent need caused by the corona virus pandemic, the group is seeking
Ethics and risk management: What will the “new normal” look like?
When we scheduled our daughter’s wedding for March 15 in New York City, little did we know how surreal the world would be by then. The wedding did happen, with a much-reduced number of guests, hand sanitizer on each table, and with the hora joyously danced with gloves on. The next day, the governor banned
Better Call Saul: Legal ethics you can use
We’ve written before about Better Call Saul and its legal ethics lessons. Now, as we all WFH (work from home, that is), here comes a light-hearted series featuring Rhea Seehorn’s character, Kim Wexler, discussing various legal ethics issues. You can watch the first installment on YouTube here. It’s a fun five minutes on