Categories
Legal ethics

New York Disbarment Speedrun

Now to get the obvious first question out of the way: “speedrun” is a term that gamers use to refer to tackling a video game in a manner where the goal is to try to just complete the whole thing as quickly as possible rather than worrying about high scores. If you want to do […]

Categories
Legal ethics

Again with the “reply all” question.

Ok. The American Bar Association has now weighed in. So, let’s do this. But given how thoroughly I am already on the record on the topic, let’s do it quickly and hopefully efficiently. And, after we’re done, I’ll do some shameless self-promotion. This week the ABA issued Formal Ethics Opinion 503 which tackles a topic […]

Categories
. Legal ethics

You would have thought it would have been with Houston, but still…

Some interesting news today in the intersection of legal ethics and sports.  (And technically this makes two straight posts dabbling in that space.)  You might recall seemingly forever ago that I posted about a very short lived partnership between the ABA and a company called Rocket Lawyer.  If you don’t remember anything about that, you […]

Categories
Legal ethics

When the MSG doesn’t agree with you.

I’ve had loads of opportunities over the years to write about interpretations of ethics rules with which I disagreed. But the discussion is much less frequently prompted by a party taking a private position outside of litigation (or even a public position in litigation) about what a rule means because … well … that usually […]

Categories
Legal ethics

“In representing a client” … again

We’ve trod this path before, but the issuance of the most recent ABA Formal Ethics Opinion justifies renewed discussion of the topic. Particularly when the opinion in question is of the rare variety where there is a dissent included in the opinion. The path (our topic): Does Model Rule 4.2 apply to a lawyer when […]

Categories
Legal ethics

Examples #2,145 and 2,146 of the scope of the problem.

Having just scratched long unscratched itches of topics over which dust has gathered last week, let’s resume talking about more recent topics. Specifically, a topic that is going to need to continue to be bellowed about until we can get it fixed: the flaws in RPC 5.5. Thankfully, we have two further recent situations — […]

Categories
Legal ethics

Louisiana remains a legal embarrassment.

There are a lot of dumpster fire situations going on these days that have direct or indirect relationships to legal ethics. Frankly, there are too many to make it easy to decide which ones to think it makes sense to spend time writing about here. There is the seemingly evergreen issue of Donald Trump continually […]

Categories
Legal ethics

Ohio offers advice for lawyers representing Matt Damon

And other crypto bros too, I guess. You may recall in the halcyon days before any of us ever spent any time thinking about pandemics and public health on a daily basis that I wrote about how Nebraska became the first U.S. jurisdiction to issue ethics guidance on whether lawyers could accept payment of fees […]

Categories
Legal ethics

You get a censure, you get a censure, everybody gets a censure!?

This is a post that will largely only speak to other lawyers who handled the defense of disciplinary matters. It is also a post that admittedly will — based on limited available information both broadly and narrowly — lack appropriate insight at a granular level. What it is intended to do, however, is point out […]

Categories
Legal ethics

One good item and one bad item for your Friday

Some days the inspiration kicks in and other days it most certainly does not. If this were Instagram, I’d likely try to spout some sort of perspiration to inspiration platitude. But this isn’t, so I won’t. I will though write about two items that somehow caught my attention this week and even though I can’t […]