Categories
. Legal ethics

Redefining what it means to be a “nonlawyer.”

I’ve written (quite a long time ago now it seems, but it was only just last Spring) about the unfortunate nature of lawyers calling people who aren’t lawyers “nonlawyers” – rather than referring to them in a less condescending fashion such as “regular people,” for example.  But, I still do it all the time, so […]

Categories
Legal ethics

Recipe for a blogpost in a pinch – two parts shameless self promotion; one part substance

I’m fortunate enough this week to be in Austin, Texas in order to share a stage with the wonderfully-talented Lynda Shely on Friday to talk for an hour on ethics at the DRI Employment and Labor Law seminar.  Working off of a hypothetical that has a “cribbed” from the headlines if not a “ripped” from […]

Categories
. Legal ethics

Three updates for the Thursday before Tax Day

Back in September, I wrote a bit about some different perspectives on the purpose of lawyer regulation and commented on a story that discussed a proposal that Colorado had in the works.  On April 7, 2016, The Colorado Supreme Court took action to adopt a new “Preamble” that serves as the introduction to its rules […]

Categories
. Legal ethics

Speaking of bad facts making bad law…

I’ve seen a number of short pieces around the Internet about the 70-year old Missouri lawyer who has gotten himself suspended for at least six months over a number of acts of misconduct, including (the thing most prominently mentioned) using information that his client improperly obtained by guessing someone else”s password. There is no question […]

Categories
Judicial Ethics

A word about B**chslaps

It’s a stupid and demeaning term.  In both contexts, whether you replace the asterisks with the original two letters, it, or the other two letters, en.  It is unfortunate that the second term was ever coined by this guy, and it is remarkable to think that this guy has included it for many years as […]

Categories
. Legal ethics

Stress, drinks, and folderol

Over the last several months there have been various iterations of stories and reports making the rounds about the susceptibility of our profession to depression and substance abuse, reports of 1 in 5 lawyers being problem drinkers, etc.  There are also always folks out there writing variations of pieces about the problems that are created […]

Categories
. Legal ethics

Fixing a bad ethics opinion – Kudos to the TN BPR!

Late in 2015, the Tennessee Board of Professional Responsibility issued Formal Ethics Opinion 2015-F-160 addressing issues regarding retention of client files.  I wrote here about a significant problem with the part of the opinion that indicated that our RPC 1.15(b) required retention of all client files for a five-year period.  The problem, to me, was […]

Categories
. Legal ethics

Today – Ethical Issues When Changing Law Firms.

There probably has been news this week about a set of departures of lawyers from one prominent firm to another or efforts that firms are taking to disincentivize their lawyers from taking their clients and moving on to a new destinaton.  As I indicated on Monday, I’m not actually around at the moment so this […]

Categories
. Legal ethics

Happy Blogiversary to Me.

So, today is the one-year anniversary of my first post.  Today’s entry is the 130th blogpost at Faughnan On Ethics.com, which looking back at the original concept I had in my head — having my blogposts be more concise takes on issues of interest to me, rather than the longer-form pieces I had previously done […]

Categories
. Legal ethics

Who are these people that ask these questions?

I like a well written, helpful ethics opinion as much as the next guy.  Probably more so, given the statistically low likelihood that anyone standing near me at a given time is also a male lawyer who commits a significant part of their practice to legal ethics and professional responsibility matters.  I think I’ve also […]