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advice of counsel defense

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Florida litigator deemed a “babe in the woods” avoids discipline

By Amy G. McClurg on November 24, 2021

Can a lawyer use an advice-of-counsel defense in a disciplinary case?  The Florida Supreme Court last month accepted the defense, adopting a referee’s report in a case spotlighting the issue.

The lawyer in the case personally guaranteed a loan for his own business venture. Unable to repay the loan, and facing hard-hitting collection methods from…

Posted in Discipline

Lawyer tries advice-of-counsel defense in disciplinary case; didn’t disclose client’s death

By Karen Rubin on January 21, 2016

Legal ethicsHere’s an update on a case we reported on last year, where a lawyer agreed to a settlement on behalf of his plaintiff client — who happened to already be dead at the time.  The court of appeals in the Illinois case, Robison v. Orthotic & Prosthetic Lab, (predictably) tossed out the settlement based…

Posted in How Not to Practice

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The Law for Lawyers Today is a resource for law firms, law departments and lawyers needing information to meet the challenge of practicing ethically and responsibly. Here you’ll find timely updates on legal ethics, the “law of lawyering,” risk management and legal malpractice, running your legal business— and more.

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