This is a question I’ve asked in the past. It is not instinctively an easy question to wrestle with. It can easily boil over into various slippery-slope arguments and accusations regarding risk of inviting concepts of the “thought police” and the like. But another news item invites the question back into the arena for further discussion. This ABA […]
Author: Brian Faughnan
Roses are red. Violets are blue. California has a new ethics opinion about what to do when your client no longer remembers you. I’m no Langston Hughes or Emily Dickinson. I’m not even at the level of say … Spike Milligan. And since it isn’t dated from what I can tell, I cannot be certain […]
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“It’s Groundhog Day… again.”
This past week included one of our nation’s most heralded fake holidays. Groundhog’s Day. Silly occasion, but still a really good movie, of course. But, playing off of the theme of repeating events and disappointing outcomes, we return to the oft-discussed topic of lawyers trying to respond to online criticism. We’ve covered in the past […]
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Just another follow-up Friday.
Yes, if you are about the same age as me, you can sing that title to The Bangles tune of “Just another Manic Monday …” So, this is a weirder follow up post as it follows up on something I posted in October 2021 but involves substantive content that came into existence in July 2021 […]
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“In representing a client …”
I’ve written in this space in the past before about how there are many ethics rules that limit their application to lawyers such that they do not kick in unless a lawyer is representing a client. Perhaps, most prominently, this point has been dwelt upon when talking about the efforts to convince jurisdictions to enact […]
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Sorry to “ghost” on everybody
Life remains crazy for many, and the pandemic just doesn’t seem to have any intention of ending before it can have an extended Season 3 storyline. I almost hate to write these words and “jinx” it but my wife, my children, and I have continued to be able to avoid contracting Covid-19, but that doesn’t […]
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2020 too?
This past year has certainly been … something. Other than the ongoing pandemic, this year feels like it will historically be defined (at least within the United States) by the various assaults on democracy starting with the January 6 insurrection, continuing with the efforts of one political party to choose its voters rather than vice […]
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This for Thursday.
Originally, I had plans to do another of those three-in-one posts for today, but we have some news from Tennessee, so we are pivoting to just focus on that development. I’ve written previously about the Court’s proposal to improve upon the approach to intermediary organizations in Tennessee. Well, yesterday, the Court entered an order adopting […]
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Second chance to play Peril!
Allow me a short promotional post that can (almost) be justified as a public service to lawyers (at least some Tennessee ones). This past Tuesday I did the first of two presentations of the 2021 Ethics Homeshow. We go again next Tuesday at 11:30 central. If you still need an hour of CLE credit, you […]
Is that you have to be perfect about it pretty much all of the time. I’m not going to tell you that there are only two kinds of people in the world because I know that kind of thing is only used as the set up to really good jokes. But among the various kinds […]