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. Legal ethics

Avvo Legal Services won’t work in Tennessee without RPC 7.6 compliance, but should it be so?

The evolution of Avvo from its origins as a lawyer-rating service to something with a much, much more extensive impact in the legal marketplace continued this week with the news of the launch of Avvo Legal Services.  Robert Ambrogi was, as often is the case, the first to break the news online about the development, […]

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. Legal ethics

An update regarding TN’s opinion on client files

Am pleased to report that I was given an opportunity by the fine folks with the ABA/BNA Lawyers’ Manual on Professional Conduct to expand on my thoughts about the problem with Tennessee Formal Ethics Opinion 2015-F-160. Even if you are not a subscriber to the publication, you can read the article at this link on the Lewis […]

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. Legal ethics

Variations on two unfortunate, recurring situations.

Much has been written over the last few years about the risks for lawyers of increasingly sophisticated financial scams targeting them.  I’ve even written about the issue some in the past. Within the last 30 days or so, a “new” financial scam has gotten some publicity that should help real estate lawyers in particular to […]

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. Legal ethics

Legal Ethics Issues in “Making a Murderer” – Part 1 of ?

So, the latest rage in Netflix binge-watching is the documentary “Making a Murderer.”  If you haven’t been engaged in a digital detox program over the last month or so, then you are likely aware of its existence.   My wife and I just finished it up last evening.  If you haven’t watched it, you really […]

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. Legal ethics

More on contingent fees and the overall requirement of “reasonableness”

In my last post of 2015, in the context of a discussion of a slightly different fee topic (nonrefundable fees), I made reference to the overarching “reasonableness” requirement under the ethics rules for attorney fees of any flavor, including contingency fees.  The example I grabbed for at the time was how a 60% contingency fee […]

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. Legal ethics

Traps for the Unwary – nonrefundable fees and retainers

For my last post of 2015, some thoughts on a frequent source of trouble for lawyers in certain practice areas where efforts are often made to charge nonrefundable fees.  In Tennessee, back in 2011, our rules were revised to specifically acknowledge the legitimacy of the concept of a nonrefundable fee but also to impose certain […]

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. Legal ethics

A proposed ABA Model Rule 8.4(g) has been put out for public comment.

The ABA Standing Committee on Ethics and Professional Responsibility (“SCEPR”) has put out a proposed new RPC 8.4(g) for public comment with a March 11, 2016 deadline for any written comments.  The proposed rule revision would add to the list of types of prohibited conduct in RPC 8.4 the following: (g) in conduct related to the […]

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. Legal ethics

Tennessee Supreme Court takes long-awaited action to smooth admissions problems

Yesterday, the Tennessee Supreme Court entered an order that addresses a variety of issues I have written about on a number of prior occasions.  You can take in the entire order setting out all of the new provisions here.  In addition to making a spot change to Tennessee Supreme Court Rule 6 and a revision to […]

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. Legal ethics

TN issues formal ethics opinion on client files that’s bad in a very sneaky way.

Many moons ago at this point, I wrote a post here with some criticism about ABA Formal Ethics Opinion 471  and the various questions important to client file issues on which it punted.  Back then I also wrote about how our effort in Tennessee to get an ethics rule adopted (it would have RPC 1.19 in […]

Categories
. Legal ethics

First, trust but verify. Second, trust until verified.

Lawyers need to be able to trust some people to do their jobs.  These people might be support staff, colleagues, or sometimes even opposing counsel. When it comes to trust accounting though, situation after situation demonstrates that no matter how much a lawyer trusts an employee with access to or some control over trust account […]