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. Legal ethics

ABA Formal Opinion 473 – mostly good advice all the way around

A few months ago, I wrote a post about a frustrating Tennessee Ethics Opinion that offered guidance on lawyers’ obligations when responding to a subpoena for client information by, in part, treating a subpoena as if it were a court order. Last week, the ABA issued Formal Opinion 473, Obligations Upon Receiving a Subpoena or Other Compulsory […]

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. Legal ethics

I’ll never understand why athletes hire non-lawyer agents.

Thanks to ESPN I’ve long known more about Johnny Manziel than I care to.  But, this past week, I learned something I really should never know — why his agent decided to fire Manziel as his client.  Up until this past week, Erik Burkhardt was Manziel’s agent.  Burkhardt is a law school graduate, but from […]

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. Legal ethics

Airing the profession’s dirty laundry

Ok, let’s talk about the 60 Minutes piece that aired this past Sunday.  If you haven’t watched it, by all means you should — it is worth the 20-30 minutes of your time.  You can watch it here.  As always, I’ll wait until you get done and come back. Now, it seems beyond dispute that the […]

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. Legal ethics

A Texas two-step of January ethics opinions

So far this month, the Professional Ethics Committee for the State Bar of Texas has put out two ethics opinions worthy of some discussion given the issues tackled and the outcomes of each opinion. The more recent of the two, Opinion No. 653, evaluates whether a lawyer acting pro se in a matter has to […]

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. Legal ethics

Remember my conversation with the SuperShuttle driver?

A while back I wrote a piece about a relatively deep conversation I had about right and wrong and why lawyers do some really bad things with a SuperShuttle driver in Phoenix.  If you missed it, you can read it here.  But one of the things I didn’t say during that conversation was that there […]

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. Legal ethics

Update – Caveat requestor is where we will stay in TN.

I’ve previously written about a pending rule revision in Tennessee that the BPR initiated and to which the TBA responded here.  Last week the Tennessee Supreme Court entered this order and adopted essentially the language that the BPR was seeking and did not incorporate the suggestions the TBA made that would have actually provided the […]

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. Legal ethics

Bad ethics opinion or worst ethics opinion? Tennessee 2014-F-158 edition

Actually, unlike some other posts in this category, this title’s not even close to reflecting a serious question being asked.  Slapping that tile on this post is more of a crutch.  The ethics opinion I want to discuss here is miles away from even being in the conversation among the worst ethics opinions.  It really isn’t […]

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. Legal ethics

Coming to praise rather than to bury (Part 1 of 2)

For a change of pace, I write today about a very well constructed ethics opinion out of New York.  (To keep this positivity train chugging along for at least one more day, my plan for tomorrow is to discuss a federal court decision out of Florida impacting attorney ethics that is also praiseworthy and that […]

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. Legal ethics

Bad ethics opinion or the worst ethics opinion? Iowa 15-03 edition

Inspiration, like corn, comes from Iowa today.  It’s time again for a little game called, is this a bad ethics opinion or the worst ethics opinion?  The Iowa State Bar Association Committee on Ethics and Practice Guidelines self-nominated by issuing Op. 15-03. Before I make enemies of a few Iowa lawyers that I have no doubt […]

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. Legal ethics

Protecting client confidentiality – how Fargo?

So sorry for the title if you are not a fan of a syntactically-challenged play on words.  But this news item out of Kentucky sounds like the kind of plot that would make for good fodder for a future season of the TV show Fargo.  (Which, yes if you are unfamiliar with it, is spun […]