Categories
Legal ethics

Beyond disbarred in Colorado

Stop me if I’ve said this before … but I’m a bad blogger. With that out of the way, here is something exceedingly rare and that caught my attention — a court ordering that a lawyer, who had already been disbarred, was now no longer entitled to even file things in court on a pro […]

Categories
Legal ethics

Another failed effort to pretend Rule 5.6(a) has no teeth.

It has been a minute since I’ve had a decent reason to write a post regarding efforts of law firms to try to come up with ways around the ethical restriction imposed by RPC 5.6(a) in jurisdictions that track the Model Rules. A recent Colorado case does the trick. (And, thankfully it does, because otherwise […]

Categories
Legal ethics

You have to unring a bell the right way & you really can only do it once.

Welcome to 2024 y’all. Lawyers spend an inordinate (but not actually unduly excessive) amount of time worried about making mistakes that involve sending the wrong information to the wrong people. For lawyers in most U.S. jurisdictions, the ethics rules do not provide truly comprehensive guidance about how to fix such a mistake because the ethics […]

Categories
Legal ethics

New York States of Mind

Let’s end 2023 on a high note, shall we? Governor Hochul must be high. She just vetoed a bill that would have finally ended New York’s requirement that New York lawyers have to have an office in New York. Yes, you heard that right. Despite all of the talk in the legal profession of the […]

Categories
Legal ethics

Fifth Shortcircuit on AI?

It is very hard to get very far in any sort of “end of year” evaluation of legal ethics questions without talking about the rise of generative AI, how to use it ethically, and what its rapid (and continuing) development will mean for the practice of law. I’ve written earlier this year about the unfortunate […]

Categories
Legal ethics

Welcome to a new type of post

We will call it: An update on something I could have sworn I wrote about but didn’t. After some events in Tennessee that I did write about, a number of petitions were filed to seek to enact some changes to rules in Tennessee related to the admission of attorneys. The first filing in the series […]

Categories
Legal ethics

A Bridge Too Far to Terabithia

(If the pop culture reference doesn’t automatically make sense to you, you can scroll to the end for an explanation.) In addition to representing lawyers and law firms over the years, I’ve also represented quite a few law students during their application and admissions process and had to handle a few Show Cause hearings where […]

Categories
Legal ethics

Libertarians + Access to Justice = Change?

First of all, I know I am long overdue for new content here. There have been quite a few things that caught my eye that I wanted to write about, but there were so many to choose from it got into a weird, overwhelming, and highly unusual sort of “writer’s block” situation. Second, some anniversaries […]

Categories
Legal ethics

One bad apple spoils bunch? Ethics opinion edition

I’m sure you are familiar with the idiom “One bad apple spoils the bunch” or in some parts of the country “one bad apple spoils the barrel,” but probably not in the context of legal ethics opinions. Someone could (or has) already written versions of posts applying that idiom to lawyers generally and perhaps unethical […]

Categories
Legal ethics

At the intersection of ethics and entrepreneurial acts

A case written up by Mike Frisch earlier this month caught my eye because it involves a discussion of two still-evolving areas of claims that can get made against law firms. Most of the case, and most of what Frisch focuses on, is the malpractice claim that was made regarding an alleged lost opportunity to […]