Today’s topic come up again for two different reasons. First, because the North Carolina State Bar has put out a new proposed ethics opinion seeking public comment about the topic. Second, because it was also discussed at one of the presentations made at the APRL mid-year meeting a week or so ago. As the title […]
Tag: RPC 1.6
Fettered is a fun word on a number of levels. It is a word lawyers are usually familiar with when it has a prefix attached to it and gets used when we talk about disclosures or access as being “unfettered.” But, it is also a word that literally means “to be restrained with chains,” so […]
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Shimkonicity (shim-ko-nis-a-tee)
When I first read some reporting about this decision from Ohio involving the indefinite suspension of a lawyer, I expected it to come across very much as an obvious case of a lawyer’s third strike leading to a steep punishment. But, the coming together of so many things with respect to this lawyer’s situation actually […]
This development in South Carolina happened last month and I saw some folks getting a little worked up about it but am only getting around to writing a little about it now. (In fairness, last month only became last month around 80 hours or so ago.) But for some people getting worked up about it, […]
I have beaten the drum for many, many years now about lawyers not understanding the true scope of their obligation of confidentiality under rules patterned after ABA Model Rule 1.6. The ability to quickly share information far and wide online has not been helpful to lawyers who lack that understanding. I remain astounded at how […]
Serial, perhaps the best known podcast of all podcasts, has recently launched its third season and like one of the REM songs off of Life’s Rich Pageant it focuses on Cuyahoga – but not the river but the County in Ohio – more particularly, it focuses on what goes on inside the Justice Center in Cuyahoga County. […]
Not quite 5 months ago, I wrote a bit of a shorter post about my view as to why ABA Formal Ethics Opinion 480 counted as a good ethics opinion. For those that may not be remembering the opinion off the top of the head, it was the one that reminded lawyers – primarily in […]
Within the last week, there was an interesting Law.com article (subscription required) on a topic that has been something of a pet . . . well not really “peeve” of mine, and not really a pet project of mine, but a topic that I feel like is somewhat uniquely overlooked by the people to whom […]
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A tale of two ethics opinions.
So, I’ve made something of a habit of writing about ethics opinions. Bad ones and good ones. Mostly bad ones though. As the trite – almost hackish – title of this post telegraphs, today I want to compare and contrast two recently released ethics opinions that manage to demonstrate the good that can come from […]
I can’t believe I’m doing this as neither of these people deserve any benefit of the doubt or serious treatment afforded for their contentions. But, based on spending time on the web reading comments (despite the always-spot-on advice “don’t read the comments”), there are so incredibly many people who do not understand these concepts and, […]