Two trial courts — in New York and New Hampshire — recently weighed in on the in-house firm counsel privilege. The New Hampshire Superior Court, in Moore v. Grau, recognized the parameters of the privilege. In contrast, the New York County Commercial Division judge in Stock v. Shnader Harrison Segal & Lewis LLP ruled
One for the casebooks: lawyer settles products case without telling court client had died
In the law school legal ethics course I teach, we study a classic disciplinary case in which a lawyer concealed the fact of his client’s death – dodging interrogatories and an independent medical exam (!), and telling an arbitration panel the client was “unavailable” – all in aid of negotiating a more favorable settlement. My
If you’re thinking of giving money to a client — think again
No matter how much empathy you feel for a client with financial woes, giving a litigation client money generally violates your state’s version of Model Rule 1.8(e). The rule provides that the only financial assistance you may give a client in connection with pending or contemplated litigation is: (1) to advance litigation expenses and
Judge not DQ’d by appearance of former spouse’s former law partner
In the olden days, lawyers and judges were men, couples lived together only after a wedding, divorce was less common, and marriage equality was not on the radar. So there was little occasion to wonder about ethical conflicts of interest that might be raised by lawyers or judges being married to each other, cohabiting with
Privilege covers lawyer notes from GM ignition switch investigation, district court finds
Both in-house and outside counsel can learn valuable lessons from In re General Motors, a recently-issued federal opinion on the attorney-client privilege and work-product doctrine. While some recent decisions have chipped away at the protections for attorney notes and internal memos, this opinion reaffirms that documents a lawyer creates during a corporate investigation will
Blogs, texts, Facebook can raise marketing ethics issues for lawyers
What are the legal ethics rules for using social media to market your legal practice? Judging from what’s out there, some lawyers view the social media space as the Wild West, where almost anything goes; and some lawyers are too worried about the possible snares to use social media at all to publicize or share
Facebook message to unrepresented teen mother draws suspension
A lawyer made an emotional appeal to a teen mother via Facebook message, begging her not to consent to her baby’s adoption. The lawyer represented the baby’s biological father; the mother was not represented by counsel. The lawyer’s conduct drew harsh criticism and a six-month suspension from practice when the Kansas Supreme Court considered it
No insurance coverage for attorneys’ fees that were ordered as a “sanction”
If you or your firm were ordered to pay a party’s legal fees as a “sanction” for professional misconduct, would your professional liability insurance cover that payment?
In a recent case, the district court for the Northern District of Illinois left a law firm high and dry, holding that the policy exclusion for sanctions meant
Non-compete agreement brings reprimand
Here’s a reminder that when it comes to running a law business, the ethics rules limit the ability to restrict competition.
The Indiana Supreme Court recently issued a public reprimand to a lawyer who violated the state’s version of Model Rule 5.6(a), which bars employment agreements restricting a lawyer’s right to practice after termination.
Limited-scope engagement letter helps lawyer avoid discipline
Rule 1.2(c) of the Model Rules of Professional Conduct permits lawyers to enter into limited-scope engagements, in which you can agree with the client that you will be providing only certain designated legal services, and not the full scope of services that might ordinarily be expected in an engagement of that sort. The rule is