Categories
Legal ethics

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 […]

Categories
. Legal ethics

You would have thought it would have been with Houston, but still…

Some interesting news today in the intersection of legal ethics and sports.  (And technically this makes two straight posts dabbling in that space.)  You might recall seemingly forever ago that I posted about a very short lived partnership between the ABA and a company called Rocket Lawyer.  If you don’t remember anything about that, you […]

Categories
Legal ethics

“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 […]

Categories
Judicial Ethics

A brief personal announcement

It’s a new month and, for me, a new professional era. I have been privileged to work over the last 23 years for three excellent law firms ranging in size from 50+ lawyers to more than 300 or so. From my early years with Armstrong Allen all the way through the last 8 years at […]

Categories
Legal ethics

Examples #2,145 and 2,146 of the scope of the problem.

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 — […]

Categories
Judicial Ethics

Blasts from the past.

First, just a heads up that there will be some design changes taking place here at Faughnan on Ethics around the beginning of October 2022 so keep an eye out for that. Second, I know I haven’t written about anything recently but today is a day to knock out bunch of updates on things that […]

Categories
Legal ethics

Louisiana remains a legal embarrassment.

There are a lot of dumpster fire situations going on these days that have direct or indirect relationships to legal ethics. Frankly, there are too many to make it easy to decide which ones to think it makes sense to spend time writing about here. There is the seemingly evergreen issue of Donald Trump continually […]

Categories
Legal ethics

Ohio offers advice for lawyers representing Matt Damon

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 […]

Categories
Legal ethics

A virtual example of better, but not good enough.

I know it really hasn’t been that long (a little over two months ago) since I wrote on here to trumpet the APRL proposal for a new ABA Model Rule 5.5. If you missed that, it would help a lot to go read that post first. Here’s a link. I’ll wait right here until you […]

Categories
Legal ethics

Obviously, there really is such a thing as bad publicity.

So, earlier this week I was fortunate enough to be able to participate in a seminar put together by Bloomberg Law that focused on the risks and benefits for lawyers in speaking to the press. I think it was a pretty good panel presentation, it was free of charge to attendees, and I believe you […]