Categories
. Legal ethics

“Cases Without Counsel” study confirms the obvious but also raises more subtle dilemmas

If all you manage to do was read the headline from the ABA Journal online story today — “Self-represented litigants perceive bias and disadvantage in court process, report finds,” your reaction will likely be limited to “Duh.”  But, there is much more that can be gleaned from this “Cases Without Counsel” study and report that the Institute for […]

Categories
. Legal ethics

Independence of professional judgment, and other thoughts spurred by the ABA Commission on the Future of Legal Services

April 2016 has brought another iteration of a seemingly, endless, (yet kind of potentially pointless unless you think the politics of the situation will somehow play out differently from the past) debate: whether some entity within the ABA is attempting to usher into reality a world in which people other than lawyers will be allowed […]

Categories
. Legal ethics

ABA Law Connect post-mortem. ♫ Five. Five dollar. Five dollar not long. ♫

This is going to be a short update offered on a Friday for any weekend reading needs you may be facing. A bit back (on Back to the Future day actually) I mentioned (almost as only an aside) the pilot project that the ABA was launching in cooperation with Rocket Lawyer to offer a limited-scope […]

Categories
. Legal ethics

Pursuing a popular cause? Crowdsourcing payment of your fees may be an option for your client.

Some time ago, I wrote a bit about how existing ethics rules make attempting to use Kickstarter to launch a law firm not a viable option.  The primary problem with using crowdsourcing to raise funds to start a law practice is the prohibition in the ethics rules on nonlawyer ownership or investment in law firms. […]

Categories
. Legal ethics

A duty to ask: Another of the unintended consequences of unbundling

Yesterday, the ABA Standing Committee on Ethics and Professional Responsibility issued its latest ethics opinion, Formal Opinion 472, “Communication with Person Receiving Limited-Scope Legal Services.”  On the whole, it isn’t a bad opinion.  It is well-constructed, addresses multiple topics that seem ripe for discussion, and clearly is the product of a lot of thought and […]

Categories
. Legal ethics

A little something to be thankful for

If you’re a lawyer, then many days you may find yourself either complaining that you are too busy or that you aren’t busy enough.  Rare is the time for lawyers (in my experience) when they think their workload lands in a “just right” kind of spot.  There actually can be such a thing as too […]

Categories
. Legal ethics

Back to the Future … of Legal Services

So, yesterday was Back to the Future day.  And that was fun.  But today I want to go back to the future of legal services… as a topic for discussion. I’m on record as being a fan of The Law for Lawyers Today blog, but the way they close out a recent piece exploring whether […]

Categories
. Legal ethics

A rose may be a rose but UPL does not always mean the same thing as UPL.

So, you likely have read about or stumbled into something on the web about the remarks offered by the founder of Avvo at the ABA Meeting.  If you somehow missed having that hit your radar screen at all, you can read about it (and snippets of the remarks of the other folks who gave similar […]

Categories
. Legal ethics

The TBA’s Filed Comment to the Board of Law Examiners Proposed Rule Changes

Over the last few months, I have posted on several occasions about the petition pending before the Tennessee Supreme Court seeking some significant changes to the rules in Tennessee regarding admission of attorneys to practice in a variety of contexts.  If you are new to the blog, you can get up to speed on this […]

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 […]