I have beaten the drum for many, many years now about lawyers not understanding the true scope of their obligation of confidentiality under rules patterned after ABA Model Rule 1.6. The ability to quickly share information far and wide online has not been helpful to lawyers who lack that understanding. I remain astounded at how […]
You’ve probably heard this news by now. But, it’s Friday and I wrote about this before, so … I feel a sense of obligation to follow-up. The Florida Supreme Court ruled yesterday that the fact that a judge is Facebook friends with a lawyer appearing before her in a litigated matter is not alone sufficient to […]
With a strong tip of the metaphorical hat I never wear to Kim Ringler (a former President of APRL) who alerted many ethics lawyers to the news, I write today about a new ethics opinion from the New Jersey Committee on Attorney Advertising. In Opinion 45, issued less than a week ago, New Jersey has […]
People often think of lawyers and judges differently. And, to a large extent, they should. In almost every situation, someone cannot become a judge without having been a lawyer first. But once a lawyer transforms into a judge, their role in the judicial system becomes radically different and they now have a new set of […]
Although today is Halloween in my part of the world, I am not offering any spooky content. I thought about trying to replace all mentions of Maryland in this post with Scaryland, but that just seemed like I was trying too hard. In fact, I’m a bit torn about even writing about this particular topic […]
So, I am certain you have heard by now that a little under a week ago the ABA issued a new Formal Ethics Opinion to address the ethical obligations of lawyers in the aftermath of a cyber-attack or an electronic data breach. ABA Opinion 483 makes for a good read and provides good guidance about […]
Almost exactly three months ago, I wrote about what I considered to be a very disturbing ruling in a lawyer admissions case in Ohio. If you missed that post, you can read it here. I’m pleased to write, in follow-up today, that the Ohio Supreme Court has ultimately gotten to the correct outcome – it […]
I’m interested in writing today about two recent ethics opinions that manage to go together quite nicely. Utah Ethics Adv. Op. 18-04 and Texas Professional Ethics Committee Op. 679. Both involve RPC 1.8 (or at least both should). And, not only does neither opinion do a very good job with the subject matter it tackles […]
So there are things that can really make you feel small. And there are things that can really lead to despair and a feeling of helplessness. Fortunately, there are few things that do both at once. The report from the Intergovernmental Panel on Climate Change can do both of those things pretty simply. If you […]
Serial, perhaps the best known podcast of all podcasts, has recently launched its third season and like one of the REM songs off of Life’s Rich Pageant it focuses on Cuyahoga – but not the river but the County in Ohio – more particularly, it focuses on what goes on inside the Justice Center in Cuyahoga County. […]