I’ve been known in the past when writing or speaking about Model Rule 4.2 and the restrictions it imposes to make the point that our ethics rule treats grown up adults as incapable of making decisions for themselves. Mostly jokingly I make that point. When elaborating it is merely to focus on the idea that […]
Apologies for the drought in content over the last little bit as I’ve been traveling my state for my Ethics Roadshow doing a three-hour presentation in four cities about what I think the future looks like for those who will still be practicing in 2025. For today, two updates of note that involve important, ongoing […]
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For attorney’s eyes only.
Okay. It helps to get into my mindset while writing this if you hear the title in the voice of the musical snippet “For British Eyes Only” from Arrested Development. If you can’t make the frame of reference, then so be it. We’ll have to work to find common ground all the same. (Actually, for […]
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Hoosier overseer?
If you are a reader of legal publications or legal blogs, you’ve likely already read something about the nightmarish night out in Indiana that resulted in two state court judges being shot and three state court judges being disciplined. You can read all of the underlying facts if you’d like in the decision that was […]
While I’m catching up on things I should have managed to write about sooner, ABA Formal Ethics Op. 488 is deserving of a few words. That opinion was issued back in early September of this year. What particularly brought it to mind now was that it covers one of multiple topics I was lucky enough […]
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Rule revision roundup.
That title is probably a thing somewhere else on the interwebs already, but I’m just lazy enough to not look it up at the moment. So, it’s been a minute since I have written anything about the progress (or lack thereof) of jurisdictions adopting ABA Model Rule 8.4(g) and since I have written anything (other […]
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Then I went and slept on Arizona
So … as far as 400th posts go … this should be my best 400th post at this blog. A while back I warned everyone not to sleep on Arizona when it comes to movement toward radically reshaping the regulatory landscape for lawyers. Apparently, I should practice what I preach because Arizona’s Task Force on […]
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What happens when it Gaetz worse?
So, I’m doing everything I can to only write about this stuff occasionally, but the latest stunt in connection with the ongoing investigations into the current administration requires at least some discussion – not just because of the brazen hypocrisy (after all the ethics rules do not prohibit lawyers from being hypocrites) but because the […]
So within the last few days the New York State Bar Association has issued an interesting new ethics opinion addressing a variation of an issue that is straightforward nearly everywhere. Lawyers tend to know that conflicts questions can often be complicated but that there is at least one that is pretty straightforward: different lawyers in […]
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A companion piece.
As I inch ever closer to my 400th blogpost here, today’s offering is something of a companion piece to a post I wrote almost exactly 13 months ago that demonstrates what should be an obvious point, what is a very important point in the world of disciplinary defense but much less obvious, and at least […]