I’m fortunate enough this week to be in Austin, Texas in order to share a stage with the wonderfully-talented Lynda Shely on Friday to talk for an hour on ethics at the DRI Employment and Labor Law seminar. Working off of a hypothetical that has a “cribbed” from the headlines if not a “ripped” from […]
Author: Brian Faughnan
Last week, the ABA Standing Committee on Ethics and Professional Responsibility issued its latest formal opinion – Opinion No. 16-474 addressing the topic of “referral” fees under the ABA Model Rules and, specifically, the intersection of Model Rule 1.5(e) and conflicts requirements under Model Rule 1.7. Along the way, the opinion also stakes out […]
Lawyers who frequently represent other lawyers in disciplinary proceedings are well aware that the ethics rules in their state offer up an inherent 2-for-1 construction for bar prosecutors because states with versions of RPC 8.4(a) patterned on the Model Rules establish that a lawyer also violates RPC 8.4(a) by violating any other ethics rule. That […]
Throwback Thursday is definitely a thing all over the World Wide Web it seems, but maybe Tech Tuesday ought to be a thing? Though, I guess, for lawyers focusing on technology has to be an every day affair. Like multitudes of others, I wrote a little bit recently about the Panama Papers and the Mossack […]
Back in September, I wrote a bit about some different perspectives on the purpose of lawyer regulation and commented on a story that discussed a proposal that Colorado had in the works. On April 7, 2016, The Colorado Supreme Court took action to adopt a new “Preamble” that serves as the introduction to its rules […]
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Speaking of bad facts making bad law…
I’ve seen a number of short pieces around the Internet about the 70-year old Missouri lawyer who has gotten himself suspended for at least six months over a number of acts of misconduct, including (the thing most prominently mentioned) using information that his client improperly obtained by guessing someone else”s password. There is no question […]
It’s an old adage that bad facts make bad law. In the last few weeks, a good number of pieces were written focusing heightened attention on an issue that many lawyers were already stewing about . . . technological vulnerabilities arising from how lawyers and law firms use (and don’t use) technology. Most of these […]
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A word about B**chslaps
It’s a stupid and demeaning term. In both contexts, whether you replace the asterisks with the original two letters, it, or the other two letters, en. It is unfortunate that the second term was ever coined by this guy, and it is remarkable to think that this guy has included it for many years as […]
So, yesterday, I started writing about the potential ramifications for lawyers of the adoption by the Department of Labor of its final “persuader” rule which will become effective on April 25, 2016, but will only be applicable to agreements entered into on and after July 1, 2016. You can catch up on part 1 here. […]
The scope of confidentiality lawyers owe to their clients has long been a subject that I find fascinating. Over the last few years, I’ve mulled how its broad scope will continue to play out with current and future generations of both lawyers and clients who routinely, almost even instinctively, share seemingly every detail of their […]