Categories
Legal ethics

Generating more Generative AI content

It has somehow been a minute since I’ve written any updates on anything in the world of Generative AI issues. That hasn’t, of course, been because things haven’t been happening. They have. And even today I found myself as part of yet another panel presentation on the ethics issues surrounding the rise of the use […]

Categories
Legal ethics

Anti-discrimination v. anti-diversity

It has been a while since I have written anything here about ABA Model Rule 8.4(g) and efforts to adopt variations of it at the state level anywhere. Part of why that is the case is that there hasn’t (to the best of my knowledge) been many developments of note to write about. Part of […]

Categories
Legal ethics

To “Non” or not to “Non”?

Is currently sort of a question it seems. It is not the world’s most pressing question, but it is a discussion topic in the world of the practice of law getting some extensive media scrutiny in legal publications. For example, here, here, and here. For those not fully enmeshed in the topic already, the issue […]

Categories
Legal ethics

Beyond disbarred in Colorado

Stop me if I’ve said this before … but I’m a bad blogger. With that out of the way, here is something exceedingly rare and that caught my attention — a court ordering that a lawyer, who had already been disbarred, was now no longer entitled to even file things in court on a pro […]

Categories
Legal ethics

Another failed effort to pretend Rule 5.6(a) has no teeth.

It has been a minute since I’ve had a decent reason to write a post regarding efforts of law firms to try to come up with ways around the ethical restriction imposed by RPC 5.6(a) in jurisdictions that track the Model Rules. A recent Colorado case does the trick. (And, thankfully it does, because otherwise […]

Categories
Legal ethics

You have to unring a bell the right way & you really can only do it once.

Welcome to 2024 y’all. Lawyers spend an inordinate (but not actually unduly excessive) amount of time worried about making mistakes that involve sending the wrong information to the wrong people. For lawyers in most U.S. jurisdictions, the ethics rules do not provide truly comprehensive guidance about how to fix such a mistake because the ethics […]

Categories
Legal ethics

New York States of Mind

Let’s end 2023 on a high note, shall we? Governor Hochul must be high. She just vetoed a bill that would have finally ended New York’s requirement that New York lawyers have to have an office in New York. Yes, you heard that right. Despite all of the talk in the legal profession of the […]

Categories
Legal ethics

Fifth Shortcircuit on AI?

It is very hard to get very far in any sort of “end of year” evaluation of legal ethics questions without talking about the rise of generative AI, how to use it ethically, and what its rapid (and continuing) development will mean for the practice of law. I’ve written earlier this year about the unfortunate […]

Categories
Legal ethics

At the intersection of ethics and entrepreneurial acts

A case written up by Mike Frisch earlier this month caught my eye because it involves a discussion of two still-evolving areas of claims that can get made against law firms. Most of the case, and most of what Frisch focuses on, is the malpractice claim that was made regarding an alleged lost opportunity to […]

Categories
Legal ethics

Breaking? BPR Issues Two Formal Ethics Opinions

With little to no fanfare (and in fact I only know they came out because I happened to go look on the website out of curiosity), the BPR has now issued the two opinions it had put out in draft form for public comment earlier this year. Both of these opinions were adopted on August […]