Categories
Legal ethics

Can you just “nuh uh” civil rights violations?

Apparently, when you are the Tennessee Supreme Court that might just be something you are powerful enough to do. For a variety of reasons over the years, I have refrained from writing anything here about the Tennessee Lawyers Assistance Program. During the course of my career, there have been times I have been a huge […]

Categories
Legal ethics

Bullying between clients and lawyers remains a one-way street

Many years ago now, I wrote a post about a lawyer improperly making a public announcement that they were no longer representing a prominent client. On the cusp of the United States beginning a journey caused by repeating one of its gravest electoral mistakes, I will not repeat that post in its entirety. Instead, I […]

Categories
Legal ethics

APRL Takes the Lead Again

Not quite, but almost, three years ago, I wrote about a proposal by the Association of Professional Responsibility Lawyers urging the ABA to revise Model Rule 5.5 to make it easier for clients to retain the lawyer of their choice without being inhibited by state lines. Regrettably, while the ABA has not yet ultimately acted […]

Categories
Legal ethics

A rejected “______ makes me a better lawyer” column comes to life

So, from time to time I have really thought about writing something about how much a particular column series in a major legal ethics publication bothers me. If you read the title of this post, and you have access to a subscription to Legal Ethics Law360, then you probably already know which one I am […]

Categories
Legal ethics

Textual Relations in PA: A Tale of Two Rule Revisions

While lots of ethics discussions and regulatory efforts have been focusing on more advanced technology like Generative AI, Pennsylvania has been laser-focused on making it unethical for lawyers to use text messages as a means of soliciting clients in more ways than one. In October 2024, the Pennsylvania Supreme Court adopted revisions to its RPC […]

Categories
Legal ethics

Another GAI ethics opinion & more

Among the topics I have been regularly addressing in presentations during 2024, including here at the end of year rush for CLE credits, has been the ethics issues associated with the rise of Generative AI. The core presentation I have done now almost 10 times has been a constant evolutionary process as things have rapidly […]

Categories
Legal ethics

Discussing a little discussed rule.

For certain, I have failed as a blogger by having another month or so of no content. Understand, I aim to do better on that front; I really do. Coming up with meaningful legal ethics issues to discuss here is not easy, but between my bustling practice (for which I am grateful) and other professional […]

Categories
Legal ethics

Being a lawyer is testing, becoming a lawyer still shouldn’t turn on passing “a test”

Yes, I know. The gap in content around here is inexcusable. Every week or so I should at least post this gif to keep people interested. Today though we offer content. We are spurred to drop all the other projects and write because two things happened today. First, of local interest, the results for the […]

Categories
Legal ethics

Two brutal 2024 ethics opinions highlight the need for reform.

Over the last couple of years, as a result of my involvement with APRL, I’ve had the opportunity to work with a group of smart lawyers to seek to advance reform with respect to the status of Model Rule 5.5 and, more recently, am involved similarly in trying to start the process of reform for […]

Categories
Legal ethics

Can you name all the ABA Model Rules that can never be violated?

Instinctively, if you know your way around the attorney ethics rules, I don’t think the question posed by the title of this post is a particularly hard question. But two incidents I’ve experienced within the last few weeks have caused me to question how well understood it is among the legal community that there are […]