What’s worse than having a client go elsewhere, and then ask you to spend time helping your replacement? Yesterday (January 21, 2026), the American Bar Association’s Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 520, clarifying the extent to which Model Rule 1.16(d) requires attorneys to convey information to a former
As we welcome 2026 with high hopes and new resolutions, let’s review some highlights from 2025 and consider practices that should be carried forward into the new year and those which should be left behind.
Ethics Opinions Issued in 2025
In Texas Ethics Opinion 701, the Professional Ethics Committee concluded that an attorney
Lawyers sometimes forget that, as the American Bar Association has noted, we cannot “take off the lawyer hat” to circumvent ethics rules. Likewise, lawyers are not any less susceptible to discipline for ethics violations just because their conduct takes place on social media instead of the courtroom. These are important rules to keep in
Conflicts of interest aren’t always straightforward, especially with trust and estate planning matters. The Supreme Court of Utah recently determined that there was no former client conflict under Utah’s Rule 1.9 where lawyers were found to have only represented the former trustees and not the trust itself in litigation.
Trustees (“Trustees”) hired lawyers to represent
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
A New Jersey lawyer’s involvement in the sale of a massage parlor rubbed the district court the wrong way and resulted in his disqualification from a later suit over the transaction. In its opinion last month, the court ruled that the buyer was the lawyer’s former client, and that the earlier work on the sale
The California court of appeals has denied a bid by an employment discrimination defendant to disqualify the plaintiff’s legal team. The name partner in the law firm representing the plaintiff was formerly the employer’s chief operating officer — but the court rejected the assertion that his firm should be disqualified merely based on his knowledge
“DQ” at this time of year makes me think of drive-in ice-cream cones. But I actually mean “DQ” as in “disqualification,” and instead of sugar cones, it points to an interesting case involving some take-home lessons about conflicts of interest.
Crisis of unhoused residents
California’s massive homelessness problem has been the subject of several federal
Do you toil in the pressure cooker of a firm, but dream of going in-house? Many lawyers have that goal. But the churn works in the other direction, too, with in-house lawyers migrating to firms or solo practice. When they do, they can face conflict of interest issues leading to disqualification, as a former in-house
Representing a campus sexual assault victim-turned-activist and later using her confidential information in representing an alleged campus assailant with interests adverse to the former client is a “textbook” conflict of interest. That’s the message the Pennsylvania Supreme Court sent in suspending a lawyer for a year in a consent-to-discipline case published this week.
Former -client