Categories
. Legal ethics

Texas Ethics Opinion Offers Stellar Example of Why You Ought to Have a Rule About This.

I’ve mentioned in the past the fact that Tennessee has a version of RPC 4.4(b) that directly addresses, and provides what I happen to think is the correct outcome, for what a lawyer is supposed to do about the receipt of someone else’s confidential information either inadvertently or via someone who isn’t authorized to have […]

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. Legal ethics

Administrative suspensions -another far too often route to UPL problems.

I’ve long been torn about lawyers losing their license and ability to practice law through administrative suspensions. In Tennessee, for example, this can happen to a lawyer through failing to get your required CLE hours (TN requires 15 annually), or failing to pay your registration fees, or failing to turn in the necessary forms about […]

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. Legal ethics

Everything’s bigger in Texas, including rule problems sometimes.

First, no argument from me that I’ve been a bad blogger this week.  I’d offer excuses, but no one likes to hear excuses. Second, how about some actual substantive content … I’ve written in the past about ethical issues surrounding the verein structure of some of the largest law firms in the world.  Those prior […]

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. Legal ethics

Following up on that follow up

I probably should have taken the opportunity to say so in my last post – by way of contrast if not context — but one very obvious reason that the Ohio Supreme Court was able to move so quickly to adopt a revision to its RPC 1.2(d) to address its medical marijuana situation for lawyers […]

Categories
. Legal ethics

Friday follow-up: Puff, puff, PA’s overreach

Couple of quick hits (pun wasn’t really intended but just sort of happened) for this Friday. A little more than a month ago, I wrote about an ethics opinion out of Ohio that created a real dilemma for lawyers looking to advise businesses related to the medical marijuana industry that was going to become legal […]

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. Legal ethics

Both the java fight and the nut dispute are kind of bananas.

If you spend any time on social media these days, you may have noticed how irritable folks are.  There are lots of reasons for it, of course.  We live in stressful times.  Practicing law has always been a high-stress endeavor as far as professions go; thus, cries for more civility in the practice of law […]

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Judicial Ethics

Friday follow up – Sixth Circuit affirms Kentucky judicial speech case

So, I’ve been battling a bit of a stomach bug such that over the last 45 hours or so I have ingested a cup of yogurt, a sleeve of Ritz crackers, and a small bowl of chicken noodle soup.  Accordingly, this will be a short(ish) post – apologies in advance. Back in May of this […]

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. Legal ethics

Proposal to adopt Ethics 20/20 Revisions in Tennessee Put Out For Public Comment

Back in August 2012, the ABA House of Delegates approved revisions to the ABA Model Rules proposed by the ABA Ethics 20/20 Commission.  Very few of the proposed revisions included in the ABA Ethics 20/20 package are earth-shaking revisions, as many of them only involve change to language in the Comment accompanying certain rules. The […]

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. Legal ethics

Ohio ethics opinion is concrete example of “Tis better to ask forgiveness than permission.”

“It’s easier to ask for forgiveness rather than permission.” Those words, or words of similar effect, make up a pretty widely recognized adage.  Depending on the details of any situation, the adage can serve as a proxy for pretty decent advice for a lawyer to give a client, but often less so if the lawyer’s […]

Categories
. Legal ethics

Friday follow-up – more proof that it’s risky for lawyers to work with Avvo Legal Services

I’ve written about this topic several times (some might say probably too many times) now, but here is the first example of people who — unlike me — actually matter reaching a very familiar sounding set of conclusions about something that quite obviously is the Avvo Legal Services program. South Carolina put out an advisory […]