Categories
. Legal ethics

Washington state likely to start out with 7 LLLTs

Another post keeping up with the ongoing effort in the State of Washington to try to close the access-to-justice gap through an outside-the-mainstream effort of authorizing certain types of legal services to be provided to the public by those not licensed to practice law.  I’ve previously written about this here and here. Now the news, reported first […]

Categories
. Legal ethics

Disputes with clients …

I find it interesting that very few of my posts over the last few months have involved situations where lawyers acted poorly in connection with disputes with their clients.  In fact, it appears that really only one has involved such a situation, this one.  I don’t quite know what to make of that fact given […]

Categories
. Legal ethics

When is a phone not a phone?

In a world where people use their smart phones for seemingly everything, including actually talking to other people on the phone from time-to-time, an interesting ethics issue has been percolating in the world of attorney advertising.  Namely, for purposes of the ethics rules that exist to restrict how lawyers can go out about actively soliciting […]

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. Legal ethics

Ethical issues surrounding audit response letters

Tomorrow I will be one of two speakers for a three-hour CLE in Clarksville, Tennessee sponsored by the Montgomery County Bar Association.  I’ll be talking about the variety of ethical issues surrounding audit response letters.  Although providing them is certainly contemplated and permitted under RPC 2.3, there are other ethical issues, such as conflicts and […]

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. Legal ethics

Death and disbarment

Returning to the office from the holiday weekend, I noticed these two sad and weird stories of lawyers doing inexcusable things that seem to have common threads of death and disbarment running through them.  Many years ago I wrote a humor column for young lawyers. and you can find some of those columns still floating […]

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. Legal ethics

Kicking folks when they’re down

Within the past year or two, Tennessee adopted a new rule provision to specifically require the Court to suspend lawyers who have been determined to be in default on their student loans.  The Tennessee Bar Association opposed the adoption of this rule for as long as it could but, ultimately, the pressure created by the […]

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. Legal ethics

Traps for the Unwary – RPC 2.2: Lawyer as Intermediary

Press releases on public discipline issued by the BPR can be something of an art form and sometimes, but not always, don’t tell the whole story.  So setting aside any tea-leaf reading that might otherwise go into this one involving what sounds like a situation in which a lawyer was perhaps unknowingly used by clients […]

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. Legal ethics

Things I don’t understand . . .

I was not born in the South but have lived here for the overwhelming majority of my life.  I’ve never understood, however, the uniquely Southern interest in the history of the Civil War.  And, I don’t mean just at the role-playing levels of Civil War re-enactment events but even at the more subtle levels at […]

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. Legal ethics

A cautionary tale of sorts

Recently, I wrote a little about the problems that can be presented in re-negotiating the terms of a fee agreement with an existing client in light of the requirements of RPC 1.8(a) governing business transactions with clients.  Yesterday’s big legal news in Tennessee involves something that could be flippantly described as an RPC 1.8(a) problem […]

Categories
. Legal ethics

NY lawyers can give clients a rebate for an Avvo rating, but Tennessee lawyers shouldn’t get excited.

For an ethics nerd who also gets to focus on something they enjoy thinking about as part of their practice, I find the proliferation of lawyer rating services to be fascinating, less for the actual availability of ratings, but more for the ancillary questions they lead people to ask. One that I’ve seen discussed recently […]