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Judicial Ethics

Really good guidance, but not good enough for some.

While I’m catching up on things I should have managed to write about sooner, ABA Formal Ethics Op. 488 is deserving of a few words. That opinion was issued back in early September of this year. What particularly brought it to mind now was that it covers one of multiple topics I was lucky enough […]

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. Legal ethics

Why can’t we (both) be friends (of the Court)?

So within the last few days the New York State Bar Association has issued an interesting new ethics opinion addressing a variation of an issue that is straightforward nearly everywhere. Lawyers tend to know that conflicts questions can often be complicated but that there is at least one that is pretty straightforward: different lawyers in […]

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. Legal ethics

TN Supreme Court Vacates Formal Ethics Opinion.

I wrote a little bit about Formal Ethics Opinion 2017-F-163 a couple of years ago when it was first issued. I haven’t said anything here about it since then because I ended up being retained by the Tennessee District Attorneys General Conference to challenge the opinion. Having obtained permission from my client to do so, […]

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. Legal ethics

A modest proposal (about NYC Bar Op. 2019-5)

I have made a living (well not actually a living since no one compensates me in any form of currency, whether crypto or otherwise, for my writings here) writing about problematic ethics opinions. July 11, 2019 brings what might be the most practically useless ethics opinion ever released. If it were only just practically useless, […]

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. Legal ethics

Tennessee transparency update

Recently I wrote a bit about the latest Formal Ethics Opinion adopted in Tennessee including a bit of additional content focused on the enactment of this opinion as the maiden voyage of the new process involving the seeking of public comment on the FEO in draft form. If you missed those, you might want to […]

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. Legal ethics

New good, but not perfect, guidance from the ABA

The Standing Committee on Ethics and Professional Responsibility of the ABA has been on something of a bit of a “spree” when it comes to the issuance of ethics opinions. (At least, it feels like it.) In the last 18 months, it has issued 10 opinions. The most recent one is ABA Formal Op. 487 […]

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. Legal ethics

Friday follow up: undo the good and just leave the bad.

So, not quite six weeks ago, I wrote about a development from Tennessee that was something of a mixed bag. Our Board of Professional Responsibility put out a proposed Formal Ethics Opinion for public comment that, in my opinion, was not a good opinion fraught with quite a number of significant flaws. (If you missed […]

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. Legal ethics

You take the good, you take the bad…

You take them both and there you have … the news about Tenn. Formal Ethics Opinion 2019-F-167 (draft). First, the good. I cannot give sincere and strong enough kudos to the Tennessee BPR for implementing a new policy to release draft Formal Ethics Opinions to the public for comment before deciding to actually adopt and […]

Categories
. Legal ethics

Crowdfunding for attorney fees? Yes, but no.

So, since about early December of last year I’ve been trying to find a way to write about a really good, quite practical (albeit practical about a very niche situation) D.C. ethics from November 2018. The D.C. Opinion, Ethics Opinion 375, addresses the idea of using crowdfunding platforms as an ethical way for a client […]

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. Legal ethics

Friday follow up: Yesterday’s post

Well, this may be the most rapid Friday follow up in this blog’s history. A wise and well-connected reader has been in touch to let me know why my analysis yesterday of NYSBA Op. 1160 was all wet. He was, of course, right as I somehow managed to blow past a very important piece of […]