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. Legal ethics

A verein-teresting thought experiment? Part 2

So, if you missed Part 1 you can get up to speed here.  Now I indicated I’d get the underlying documents (plural) this weekend and finish this little thought experiment today, but I don’t actually practice in the International Trade Commission (shocking to hear I bet) so beyond getting to the order of disqualification itself, […]

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. Legal ethics

A verein-teresting thought experiment? Part 1.

In preparation for a panel presentation coming up at the end of this month, I have been delving back into the complicated and contradictory world of disqualification rulings from around the country.  While the lay of the land is highly inconsistent to a large degree, there are some common themes that can be teased out […]

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. Legal ethics

A couple of updates, both involving Florida attorneys

Just about a month ago, I wrote a bit about an effort by a Florida attorney to get a Washington state court to unmask the identity of someone who posted an anonymous Avvo review claiming to be the Florida attorney’s unhappy former client.  This week the news has come out that the Washington Court of […]

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. Legal ethics

TN’s Simple Rule > NYC’s Lengthy Ethics Opinion on Same Subject

Last month, the Association of the Bar of the City of New York Committee on Professional Ethics put out a thorough Formal Opinion addressing when it is unethical for an attorney to threaten to file a disciplinary complaint against another lawyer.  While Formal Opinion 2015-5 is a well-written opinion overall, it is a sprawling one […]

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. Legal ethics

New ABA Formal Ethics Opinion Avoids As Many (or More) Questions Than It Answers Actually

Several years ago, we attempted in Tennessee to have our Court adopt an ethics rule that would specifically address what constituted client file materials. The effort was unsuccessful despite the fact that the rule we proposed was a strong, well-written rule. The primary reason we were unsuccessful was (as you’ll decipher from pages 24-25 of the […]

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. Legal ethics

Problems of UPL are nothing new, but UPC?

I’ve written a good bit over the last few months about a variety of issues related to problems involving unauthorized practice of law issues for lawyers licensed in at least one jurisdiction.  Tennessee still has the pending petition filed by the Board of Law Examiners that should result in some form of practice pending admission rule that will […]

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Legal ethics

Meta: Two updates on topics from prior posts

A couple of timely updates, both involving California events. I’ve quite recently written about the ethical issues associated with the trend toward de-criminalization if not outright legalization of marijuana here.  As yet further proof about the rapid developments in this area, the San Francisco Bar Association put out an ethics opinion earlier this month making clear […]

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. Legal ethics

Hopefully this will be the first step in streamlining the regulation of lawyer advertising

I commend to your reading a very well done, thorough, and I think (hope) persuasive report from the Association of Professional Responsibility Lawyers regarding the subject of lawyer advertising.  Although none of us were on the Lawyer Advertising Committee that put this together, several of us on the committee are members of APRL.   You can […]

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. Legal ethics

“Licensed to bill?” or “When a fee award won’t hold its worth”

Practicing in the part of the world that I do, I gape with both amazement and jealousy at the hourly rates lawyers are able to charge in much larger metropolitan areas.  I try not to think about the difference in a way that is demeaning; instead, I try (perhaps just for more own sanity) to […]

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. Legal ethics

Seems a little soon for this new specialty bar association to exist, but the issues really are growing

There is no question that there continue to be rapid developments arising in the law resulting from the steady trend among states toward reevaluating the legality of marijuana use under their state’s law.  Several states have made it outright legal for recreational use under their state law, while others have legalized only medicinal uses, and […]