What if you suddenly became disabled and couldn’t handle your law practice? Or, if you were to die, who would deal with your pending matters? Who has the password for your computer? Who knows where you bank? The Ohio Board of Professional Conduct last week published an ethics guide titled “Succession Planning” that
Privilege for communications with PR firms: recent case spotlights risk
Thinking of using a public relations firm to help manage a corporate crisis? Divergent interpretations of the privilege rules have led to differing legal opinions on whether communications between a PR firm and the company or defense counsel are privileged. Two different state courts of appeals ruled last month that such communications were not privileged. They illustrate the privilege risk that can arise in communications with PR firms.
Client choice, communication are “paramount” when firm dissolves, says D.C. ethics opinion
Dissolving a law firm is a process, not an event, the D.C. Bar Legal Ethics Committee said in a new opinion released earlier this month, and some ethical obligations continue even after dissolution. “The paramount” principle, said the committee, is to “continue to competently, zealously and diligently represent and communicate with the clients during the
Former Uber program to “greyball” riders draws attention to ethics rules
This is a good one for the law school legal ethics class I’m teaching this semester: If a company’s lawyer approves a policy that may be legal in itself, but the lawyer knows that the company will use it to evade the law, has the lawyer violated ethics rules?
An analogous question arose last week
NY high court enforces fee-sharing agreement, although client didn’t consent
Following an $8 million settlement in a personal injury suit, the New York Court of Appeals held that a fee-sharing agreement between two lawyers was enforceable, even though it violated ethics requirements. The court said that counsel’s failure to inform her client and obtain consent to the fee split was a “serious ethical violation,” but
Cautionary tales, ethical woe: don’t let these happen to you
There should be a word that’s the opposite of “schadenfreude” — you know, that evocative German term that means “secret pleasure at another’s misfortune.” Maybe there is such a word, but the one I’m searching for would convey the sense of “Please, let me not fall into the same error” as some other person did, because under the right (or wrong) circumstances we can all make ethical mistakes. Here are three cautionary tales. You may read them and wonder how the lawyers involved came to such grief — or you may just be thankful that it wasn’t you, or that the demons these lawyers struggled with aren’t yours.
Former GC wins $8 million; SOX pre-empted state ethics rule on client confidentiality
A whistle-blowing general counsel won an $8 million federal jury verdict earlier this month, in a case that might encourage other GC’s to call out corporate wrongdoing.
How far does DQ extend? NY appeals court says not that far, reinstating co-counsel
When a conflict of interest crops up during a case, Ethics 101 tells us that the “taint” of that conflict can spread, and potentially knock out all the lawyers of the affected firm. Model Rule 1.10, “Imputation of Conflicts” explains the rule. But how far does that disqualification go? A New York appeals court examined this question in December, and reversed a DQ order in a personal injury suit.
Digital dilemma: Who owns litigation database when partners leave a firm?
A high-profile duel over rights to a legal database is playing out in state court in Boston. The warring parties are six former partners and the asbestos defense firm they left, allegedly taking with them high-value file management and other databases. The case, filed in November, raises the question: When partners leave, does a database that includes client information belong to the clients they take with them? Or to the old firm, which says it has invested heavily in developing the proprietary database?
Lawyers and marijuana: disciplinary cases on personal use highlight issues
We’ve written before about the intersection of legal ethics and marijuana, focusing on counseling clients in the marijuana space. But two recent disciplinary cases caught my eye, each involving lawyers’ personal marijuana use, and they highlight interesting issues.