I’m really, truly not trying to fall into the habit of only managing one post a week. As proof, here’s a post about a Tennessee lawyer who couldn’t/wouldn’t follow the rules. It is a fascinating case study for at least two reasons. One is that discipline for conflicts of interest is, all things considered, relatively […]
Author: Brian Faughnan
There has been something of a trend of late in terms of ethics opinions focusing on variations on the breadth of the duty of client confidentiality and the inconvenience it creates for lawyers who have bought in to the modern trend of sharing and oversharing when online. There was this opinion from the ABA and […]
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Information overload; summer struggles.
Mid-August often feels like summer doldrums. Yet, there has been so much recent information of interest in the world of legal ethics that it is hard to keep up. Thus, one can manage to feel simultaneously adrift and overloaded. In that spirit (and because I am that “one”), here are a handful (plus 2) of […]
It is still astounding (as well as deeply dispiriting) that the context of the discussion I’m about to launch is the work of White House Counsel but this is the world we currently occupy. You may very well have read this fascinating The Washington Post article by now released in connection with the ongoing news story […]
Earlier this week, the ABA House of Delegates, on a voice vote, passed some much needed improvements to the Seven Series of the Model Rules in order to modernize certain aspects of the regulation of lawyer advertising. I’ve written in the past about how the proposal before the ABA came about as a result of […]
Not quite 5 months ago, I wrote a bit of a shorter post about my view as to why ABA Formal Ethics Opinion 480 counted as a good ethics opinion. For those that may not be remembering the opinion off the top of the head, it was the one that reminded lawyers – primarily in […]
Within the last week, there was an interesting Law.com article (subscription required) on a topic that has been something of a pet . . . well not really “peeve” of mine, and not really a pet project of mine, but a topic that I feel like is somewhat uniquely overlooked by the people to whom […]
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Ridiculous from up close and far away.
I have some real-world experience in trying to help lawyers already admitted in at least one jurisdiction obtain admission to practice here in Tennessee. My state’s system now is still less than ideal but not necessarily in a way that makes it strikingly more problematic than is the case in many other states. (In the […]
A lot of the time, saying something seemed “inevitable,” only makes sense to say when you’ve had the benefit of hindsight. At some level, every outcome can be justified as having been inevitable when you are doing the justifying after the event has already happened. I say that to make clear that I understand the […]
I’d long thought that the ethical issues associated with representing clients held in Guantanamo would be the most flagrant example in my lifetime of our government purposefully making it impossible for lawyers to fulfill obligations to their clients. Sad to say that I may just have been wrong about that. (P.S. I only started this […]