For those of you who may have watched my 2014 Ethics Roadshow in person or online, you may recall that one of the lawyers whose plight we discussed was the former General Counsel for South Carolina State University. He had been indefinitely suspended from practice after pleading guilty to misprision of a felony arising from […]
Author: Brian Faughnan
Depending on what type of law practice setting you work in, you may or may not be aware of the several ways in which Tennessee’s system for licensing lawyers is a bit … I believe the technical word is “broken.” Yesterday, the Board of Law Examiners filed a petition to seek to have the Tennessee […]
To clarify about that forthcoming revision to the comment to RPC 3.5(c) w/r/t restrictions on communicating with discharged jurors after trial: it impacts only the ability of trial court’s to enter routine orders — such as standing orders or local rule provision — that would place jurors off-limits from lawyers after discharge. It will not […]
As something of a follow-up post about the expansion of the existing 30-day prohibition on certain solicitation efforts that the Tennessee Supreme Court has now ordered, it likely is worth noting that the existing 30-day restriction in the ethics rules tied to just disasters and personal injury matters has always itself been somewhat controversial among […]
Near the end of February 2015, the New York City Bar put out its Formal Opinion 2015-2 evaluating a question of propriety of a flat, nonrefundable monthly fee in a retainer agreement and reached the conclusion that a particular one that was something of a “hybrid” was problematic. Although the NYC opinion makes for a […]
After putting proposals out for public comment in 2014, the Tennessee Supreme Court in the span of a week in February 2015 ordered changes to Tennessee’s lawyer ethics rules that will each take effect on May 1, 2015. For those lawyers who favor a robust view of lawyer speech rights, the two orders present a […]