This really is just too absurd not to write about. The absurd story commanding my fingers to tap these keys today involves a lawyer who managed to blow some significant aspects of the fundamentals of being an ethical lawyer. You may have seen the ABA Journal online story about the now-disbarred lawyer whose absurd story is commanding […]
So, I am certain you have heard by now that a little under a week ago the ABA issued a new Formal Ethics Opinion to address the ethical obligations of lawyers in the aftermath of a cyber-attack or an electronic data breach. ABA Opinion 483 makes for a good read and provides good guidance about […]
Although I live in SEC country, I am a Chelsea FC fan rather than a follower of college football. So this is not a sly college football reference in my title. (I am aware that apparently UT lost its first game of the season but have literally no idea whether the Cornhuskers have even played […]
I’m writing from Boise where tomorrow I’m delighted to have the chance to speak on legal ethics for the Idaho Prosecuting Attorneys Association. (I’m also delighted that the weather is unseasonably warm at the moment.) Last year I had the chance to do a similar presentation for the Tennessee District Attorneys General Conference. Prosecuting attorneys […]
Selecting just the right item to write about is not easy. This is not going to be an instance of accomplishing it. This is going to be an instance of writing something just because I truly find the outcome astounding (or at least I found the outcome astounding when I first read a blurb about […]
So, this week the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Op. 476 addressing the need to protect client confidentiality when a lawyer seeks to withdraw for reasons involving the client’s failure to pay. As explained below, it is a solid, practical opinion touching on a subject often overlooked by lawyers who […]
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 […]
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 […]
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 […]
Some time ago, I wrote a bit about how existing ethics rules make attempting to use Kickstarter to launch a law firm not a viable option. The primary problem with using crowdsourcing to raise funds to start a law practice is the prohibition in the ethics rules on nonlawyer ownership or investment in law firms. […]