So, you can consider this my “commitment” to always writing about new Formal Ethics Opinions that get released in Tennessee when they go through the public comment process. I put commitment in quotes because, at this point, it is only the second time it has ever happened. But it’s the first time where public comments […]
Tag: Ethics Opinions
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Again with the “reply all” question.
Ok. The American Bar Association has now weighed in. So, let’s do this. But given how thoroughly I am already on the record on the topic, let’s do it quickly and hopefully efficiently. And, after we’re done, I’ll do some shameless self-promotion. This week the ABA issued Formal Ethics Opinion 503 which tackles a topic […]
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“In representing a client” … again
We’ve trod this path before, but the issuance of the most recent ABA Formal Ethics Opinion justifies renewed discussion of the topic. Particularly when the opinion in question is of the rare variety where there is a dissent included in the opinion. The path (our topic): Does Model Rule 4.2 apply to a lawyer when […]
Having just scratched long unscratched itches of topics over which dust has gathered last week, let’s resume talking about more recent topics. Specifically, a topic that is going to need to continue to be bellowed about until we can get it fixed: the flaws in RPC 5.5. Thankfully, we have two further recent situations — […]
And other crypto bros too, I guess. You may recall in the halcyon days before any of us ever spent any time thinking about pandemics and public health on a daily basis that I wrote about how Nebraska became the first U.S. jurisdiction to issue ethics guidance on whether lawyers could accept payment of fees […]
Some days the inspiration kicks in and other days it most certainly does not. If this were Instagram, I’d likely try to spout some sort of perspiration to inspiration platitude. But this isn’t, so I won’t. I will though write about two items that somehow caught my attention this week and even though I can’t […]
There has been A LOT of stuff going on this week in the world of legal ethics. I will refrain from dedicating an entire post to try to tie this plea I made in a post back in December 2020 to these two developments, here and here. Instead, I want to talk a little bit […]
Roses are red. Violets are blue. California has a new ethics opinion about what to do when your client no longer remembers you. I’m no Langston Hughes or Emily Dickinson. I’m not even at the level of say … Spike Milligan. And since it isn’t dated from what I can tell, I cannot be certain […]
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ABA Formal Op. 499: A consumer review
So, are you a lawyer in the market for an ethics opinion that largely gets to the right answer but has to do so in such a convoluted fashion that it makes you question just how badly your profession has lost the plot on what we should be doing when it comes to regulation and […]
So, I will admit from the jump that I am seriously torn about this post. I am a strident believer that the best ethics opinions are practical in a number of respects and that they have to be to be realistic in terms of helpfulness. An ethics opinion that does little more than offer a […]