The blogosphere lit up last week with news that a Florida state court bail hearing for an accused Twitter hacker had been disrupted by a pornographic Zoom-bomb that highjacked the proceedings and beamed sexual images onto viewers screens. (Some coverage here and here, but don’t worry, no pictures.) The seventeen-year-old defendant is accused of
Model Rule 1.1
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 your client pay with Bitcoin? Ethics issues to consider
Bitcoin has come a long way since 2010 when Laszlo Hanyecz made the first Bitcoin purchase by paying 10,000 Bitcoins for two Papa John’s pizzas – a pizza order that today would have been worth over $80 million.
In addition to the pizza giant, some law firms are now accepting cryptocurrencies in exchange for legal…
Dealing with an impaired lawyer: D.C. identifies ethics duties
It’s no secret that lawyers struggle at disproportionate rates with mental-health and substance-abuse issues. The National Task Force on Lawyer Well-Being reported in 2017 that in a study of 13,000 practicing lawyers, 28 percent struggled with depression; 19 percent struggled with anxiety; and between 21 and 36 percent qualified as “problem drinkers.” Most at risk…
NJ lawyer suspended for make-believe FINRA arbitration, hiding default against firm
A New Jersey lawyer was suspended for six months for misrepresenting to clients for about eight years that their arbitration matter “was proceeding apace,” when he actually had never filed their claim. The lawyer also concealed from his firm for almost two years the malpractice suit that the clients later filed, including the default judgment…
Client sanctioned for local counsel’s communication screw-up
Going abroad? Think that “national counsel” is going to take care of anything that comes up when you’re gone? Get swamped when you return and take “several weeks” to wade through the e-mail that piled up in your absence? If you’re local counsel, that might be a recipe for disaster — for your client —…
Redacting documents can be tech challenge — and legal ethics risk, too
Everyone knows that we have an ethical duty of competence, and in most jurisdictions this includes a duty to be aware of the “benefits and risks” of relevant technology. Examples of possible technology issues affecting our practices: encryption (and cyber-security in general), cloud storage, e-mail handling, the internet of things — there…
Riders on the storm: your ethics duties in a disaster
In the aftermath of Hurricane Florence, which last month dumped up to 35 inches of rain on parts of the Carolinas, Virginia and Maryland, caused 48 deaths, and up to $22 billion in property damage, comes a timely new ABA opinion about our ethical obligations related to disasters.
The hurricane did not spare…
Don’t fall down on competence — the first rule in the rule book
Does the new year have you thinking about taking on work in a new practice area? Maybe business in your accustomed area is slowing, and you’re considering shifting gears. If so, beware of dabbling in areas where you don’t have the requisite knowledge and skill to provide competent representation to your client.
The ethical duty…
U.S. border searches of e-devices: NYC bar advises on confidentiality duty
Travelling abroad for work? What should you do if a Customs and Border Patrol agent, claiming lawful authority, demands that you unlock your computer or thumb drive or cell phone — full of client confidential information — and hand it over to be searched as you cross the U.S. border?