Categories
. Legal ethics

Go read some things written by, or about, very smart lawyers.

For this last Friday of October, I offer a few suggestions if you have some spare time.  You can never read too many things that are written by, or about, smart people.  Lawyers are people, so by some sort of magical property of transcendence (or at least basic principles of logic) that would mean you […]

Categories
. Legal ethics

Texas Ethics Opinion Offers Stellar Example of Why You Ought to Have a Rule About This.

I’ve mentioned in the past the fact that Tennessee has a version of RPC 4.4(b) that directly addresses, and provides what I happen to think is the correct outcome, for what a lawyer is supposed to do about the receipt of someone else’s confidential information either inadvertently or via someone who isn’t authorized to have […]

Categories
. Legal ethics

A very Tennessee-specific discussion for this Friday.

Later today I will have the honor of speaking as part of a panel at the TBA Health Law Forum.  The other panelists are Sheree Wright, the Senior Associate General Counsel with Vanderbilt University and Bill Hannah a lawyer in Chattanooga with the Chambliss Bahner firm.  I’m fortunate enough to have both Sheree and Bill as […]

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. Legal ethics

Administrative suspensions -another far too often route to UPL problems.

I’ve long been torn about lawyers losing their license and ability to practice law through administrative suspensions. In Tennessee, for example, this can happen to a lawyer through failing to get your required CLE hours (TN requires 15 annually), or failing to pay your registration fees, or failing to turn in the necessary forms about […]

Categories
. Legal ethics

The “Now You Know” ad – quite savvy or absolutely horrible?

I had been hoping I could wait a bit to write about this topic but it’s making news via the ABA Journal online today, so I’ll just plow in with this rush job of a post because I’ve already heard discussions in Tennessee about this same ad and before someone more articulate than me blogs […]

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. Legal ethics

Everything’s bigger in Texas, including rule problems sometimes.

First, no argument from me that I’ve been a bad blogger this week.  I’d offer excuses, but no one likes to hear excuses. Second, how about some actual substantive content … I’ve written in the past about ethical issues surrounding the verein structure of some of the largest law firms in the world.  Those prior […]

Categories
. Legal ethics

Bad ethics opinion or the worst ethics opinion? Tenn. FEO 2016-F-161 edition

I haven’t rolled a post out with this title in a while, but the more truthful title when it comes to an ethics opinion, issued here in Tennessee on September 9, 2016 would be: “More bad than worthless or more worthless than bad?” First, the good news.  Tenn. Formal Ethics Op. 2016-F-161 is short.  It won’t […]

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. Legal ethics

Following up on that follow up

I probably should have taken the opportunity to say so in my last post – by way of contrast if not context — but one very obvious reason that the Ohio Supreme Court was able to move so quickly to adopt a revision to its RPC 1.2(d) to address its medical marijuana situation for lawyers […]

Categories
. Legal ethics

Friday follow-up: Puff, puff, PA’s overreach

Couple of quick hits (pun wasn’t really intended but just sort of happened) for this Friday. A little more than a month ago, I wrote about an ethics opinion out of Ohio that created a real dilemma for lawyers looking to advise businesses related to the medical marijuana industry that was going to become legal […]

Categories
. Legal ethics

Violence should never be the answer.

Back almost twenty years ago, the New Jersey Supreme Court warned New Jersey lawyers that “any act of violence committed by an attorney will not be tolerated” and to expect that the likely consequence for engaging in violent behavior would be “[n]othing less than a suspension.”  They issued that warning in a case, In re Viggiano, […]