Topics Admission to Practice Remote control: the line between UPL and remote practiceFor lawyers, work-from-anywhere might be the new model: NY and FL developments Advertising and Solicitation ABA opinion sheds insight as to permissible solicitation tacticsRemote control: the line between UPL and remote practice Artificial Intelligence Most Recent ABA Opinion Provides Comprehensive Ethics Guidance on Generative AI UseArtificial Intelligence: Where to turn when AI is everywhere Bonus structure Ohio provides guidance on permissible bonus structures for nonlawyer staff Candor toward tribunal ABA distinguishes between legitimate witness preparation and improper coaching tacticsCensure serves as reminder that zealous advocacy is no excuse for lack of candor toward tribunal Choice-of law Can lawyers partner with a nonlawyer in a jurisdiction that permits nonlawyer firm ownership? Texas says No!ABA Opinion simplifies choice-of-law rules through various scenarios Communication Most Recent ABA Opinion Provides Comprehensive Ethics Guidance on Generative AI UseArtificial Intelligence: Where to turn when AI is everywhere Competence Most Recent ABA Opinion Provides Comprehensive Ethics Guidance on Generative AI UseArtificial Intelligence: Where to turn when AI is everywhere Confidentiality Artificial Intelligence: Where to turn when AI is everywhereNew York says presumption for sharing confidential information in joint representations does not apply retroactively Conflicts ABA Passes the Hot Potato in Recent Ethics OpinionUtah Supreme Court: Lawyers represented former trustees, not the trust—no conflict Corona Virus/COVID 19 For lawyers, work-from-anywhere might be the new model: NY and FL developmentsReasons for lawyers to be thankful again this year Corporate Family Tree No disqualification, even where parent and subsidiary are unified, district court rules Cryptocurrency Ohio lawyers given the green light to hold cryptocurrency in escrow Depositions ABA distinguishes between legitimate witness preparation and improper coaching tacticsOhio clarifies when out-of-state lawyers are permitted to conduct and defend depositions Discipline If you can’t say something nice… you might be violating the RulesABA distinguishes between legitimate witness preparation and improper coaching tactics Disqualification ABA Passes the Hot Potato in Recent Ethics OpinionABA delivers guidance on “reasonable measures” required to avoid imputing prospective client conflicts to the entire firm Engagement letters ABA Passes the Hot Potato in Recent Ethics OpinionUtah Supreme Court: Lawyers represented former trustees, not the trust—no conflict Ethical screens Prosecutor's conflict DQ's entire office, says WA appeals courtHiring student law clerks and avoiding disqualification -- two states weigh in Fees Most Recent ABA Opinion Provides Comprehensive Ethics Guidance on Generative AI UseArtificial Intelligence: Where to turn when AI is everywhere How Not to Practice If you can’t say something nice… you might be violating the RulesTo review or not to review…links to a DropBox site In-house Counsel Supreme Court Ultimately Declines to Decide Attorney-Client Privilege CaseCan we talk? In-house counsel and opponent's lawyer can communicate, says Va. opinion Insurance Law firm arbitration agreement with client requires full disclosure of upside and downside, NJ court rulesEthics and risk management: What will the "new normal" look like? Joint representation New York says presumption for sharing confidential information in joint representations does not apply retroactively Law firm break-ups Client choice, communication are "paramount" when firm dissolves, says D.C. ethics opinionDigital dilemma: Who owns litigation database when partners leave a firm? Law Practice Management ABA Passes the Hot Potato in Recent Ethics OpinionUtah Supreme Court: Lawyers represented former trustees, not the trust—no conflict Licensing Can lawyers partner with a nonlawyer in a jurisdiction that permits nonlawyer firm ownership? Texas says No!Artificial Intelligence: Where to turn when AI is everywhere Malpractice Rule 1.8(h): Permissibly limiting your malpractice liability or unwittingly violating ethics rules? Law firm arbitration agreement with client requires full disclosure of upside and downside, NJ court rules Marijuana Lawyers beware: NY and GA issue conflicting ethics decisions on representing cannabis clientsNew legal ethics opinions: CA finally weighs in on pot; ABA opines on would-be clients Mental Health Impairment considered mitigating factor but insufficient to shield from meaningful sanctionsReasons for lawyers to be thankful again this year Multi-jurisdictional practice Can lawyers partner with a nonlawyer in a jurisdiction that permits nonlawyer firm ownership? Texas says No!Remote control: the line between UPL and remote practice Nonlawyer firm ownership Can lawyers partner with a nonlawyer in a jurisdiction that permits nonlawyer firm ownership? Texas says No! Privilege Artificial Intelligence: Where to turn when AI is everywhereNew York says presumption for sharing confidential information in joint representations does not apply retroactively Professionalism If you can’t say something nice… you might be violating the RulesMust Lawyers Always Tell the Truth (Even When Negotiating Settlement Agreements)? Prospective Clients ABA delivers guidance on “reasonable measures” required to avoid imputing prospective client conflicts to the entire firm Sharing Office Space Ohio ethics opinion provides valuable insight on office-sharing considerations Social Media and Internet Top 5 ethics highlights from 2021: From “cat” astrophes to working-from-anywhereOf cats and competence: legal ethics lesson from the trenches Substance Abuse Dealing with an impaired lawyer: D.C. identifies ethics dutiesDo you ever have to rat yourself out? It may sometimes help... Thanksgiving Reasons for lawyers to be thankful again this year Trusts Utah Supreme Court: Lawyers represented former trustees, not the trust—no conflict Unauthorized practice Artificial Intelligence: Where to turn when AI is everywhereOhio clarifies when out-of-state lawyers are permitted to conduct and defend depositions Uncategorized Blogging for fun and profit? Thoughts on our first five yearsLuxury ride over: TX court disqualifies former Rolls-Royce lawyer based on conflict Unrepresented parties ABA opinion spells out “reply all” implications in electronic communicationsABA provides guidance on the “no-contact rule” for pro se lawyers Work-product Do we need a new “data-breach privilege”? Thoughts on the Sedona Conference proposalBorder searches of your e-device: encryption may be of limited value in protecting client data Zealous advocacy Censure serves as reminder that zealous advocacy is no excuse for lack of candor toward tribunal
