Categories
Legal ethics

“In representing a client …”

I’ve written in this space in the past before about how there are many ethics rules that limit their application to lawyers such that they do not kick in unless a lawyer is representing a client. Perhaps, most prominently, this point has been dwelt upon when talking about the efforts to convince jurisdictions to enact […]

Categories
Legal ethics

Sorry to “ghost” on everybody

Life remains crazy for many, and the pandemic just doesn’t seem to have any intention of ending before it can have an extended Season 3 storyline. I almost hate to write these words and “jinx” it but my wife, my children, and I have continued to be able to avoid contracting Covid-19, but that doesn’t […]

Categories
. Legal ethics

Florida is a hopeless place.

No, I’m not going to have to get into talking about that it has a joke of a governor and has been actively trying to not make decisions in the best interest of public health during a crisis. I’m just going to focus on two developments in the legal ethics space that have occurred in […]

Categories
. Legal ethics

It is, very often, anti-social media.

You may recall that not too long ago I wrote a bit about a Tennessee Supreme Court opinion that I thought was a bit wrongly-framed from its opening sentence. It was the one that was really about why lawyers shouldn’t help people try to plan and cover up crimes but started: “This case is a […]

Categories
. Legal ethics

Bad judgment leads to bad judgment.

A Tennessee disciplinary matter has made some national news this past week, so what I am writing about might be something you’ve heard about already. It involves a Tennessee lawyer who has been given a 4-year suspension from practice, with one-year of active suspension for providing advice over Facebook to a woman about how she […]

Categories
. Legal ethics

Three short burst updates

In case you haven’t yet “checked out” for the week to have what I hope is a makeshift, stay-at-home Thanksgiving banquet to kick-off your holiday weekend, here are four very short but, mostly timely, updates on topics of prior posts. First, the Tennessee Supreme Court has put the TBA advertising rule revisions proposal out for […]

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. Legal ethics

The era of permanent disbarment in TN has begun.

What now seems like an eternity ago, because it was written in the before-times, I wrote about Tennessee’s change to its disciplinary procedural rules resulting in implementation of permanent disbarment. I questioned exactly why the change was needed and what it would mean given that it was being paired with changes to extend the maximum […]

Categories
. Legal ethics

Abuse of “Iowa nice” leads to rare Dubuque rebuke.

Readers of this space know that a large part of my practice involves representing lawyers in disciplinary proceedings. Disciplinary proceedings are difficult for all that are involved, but rarely can anyone involved question that they don’t know the stakes. They are what they are and they have their own rules and procedures. Today’s post involves […]

Categories
. Legal ethics

A tale of two signature issues.

There are certain things that ought to be ingrained in lawyers that they know they cannot do. Maybe we could reach agreement on all of what should be on that list of things, but that task is far too ambitious for any Friday, much less this Friday. I would hope we could agree that an […]

Categories
. Legal ethics

PDA: If you’re going to get disbarred in TN, get it done before July 1, 2020.

Because if you can get it finalized by June 30, then you might still have the chance to be reinstated starting July 1, 2025. In this instance, PDA is short for “public disservice announcement,” not “public display of affection.” You might remember back last year I wrote about a proposed revision to the rules of […]