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. Legal ethics

Bad blogger doubles up on topics.

I had every intention of posting twice this week, but events, including being under the weather with general ick much of the week, undermined my intent.  So, this mediocre post will briefly hit two items.  And, with any luck, tie the two together in a way that makes this seem, in hindsight, the correct way […]

Categories
. Legal ethics

Two smart, practical ABA Ethics Opinions in a row. (And a bonus “beg to differ”.)

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 […]

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. Legal ethics

ABA Ethics 20/20 revisions. New York adopts some; Tennessee proposal still pending.

Roy Simon, the Chair of the NY State Bar Association Committee on Standards on Attorney Conduct, was kind enough to include me on an email last week and, as a result, I learned that New York’s proposed adoption of certain aspects of the ABA Ethics 20/20 revisions was approved, effective January 1, 2017.  Back in […]

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. Legal ethics

Alaska you a question about read receipts.

Sorry, bad and lazy pun for a title.  As loyal readers of the site know, I like to write from time-to-time about formal ethics opinions issued by state regulatory bodies.  A recent one caught my attention at first for its — “I cannot believe someone even had to ask feel.”  But, ultimately after I read […]

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. Legal ethics

Lawyers and client confidentiality. Death does not part us.

It has been a while since I’ve written about a good ethics opinion.  There is a Maine opinion from a few months ago that fits the bill (and interestingly was actually posed by bar counsel in Maine apparently) but before I spend a little bit of time discussing it, I want to give context behind […]

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. Legal ethics

Proposal to adopt Ethics 20/20 Revisions in Tennessee Put Out For Public Comment

Back in August 2012, the ABA House of Delegates approved revisions to the ABA Model Rules proposed by the ABA Ethics 20/20 Commission.  Very few of the proposed revisions included in the ABA Ethics 20/20 package are earth-shaking revisions, as many of them only involve change to language in the Comment accompanying certain rules. The […]

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. Legal ethics

South Carolina ethics opinion on RPC 8.3(a) – right answer but not the best articulation of the rationale

In July, a new ethics advisory opinion was issued out of South Carolina to address a question related to the obligation to report the misconduct of another lawyer, specifically what sort of timing is required. South Carolina Ethics Advisory Opinion 16-04 addresses an inquiry from a lawyer (Lawyer A) who believes he has knowledge of a […]

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. Legal ethics

A former lawyer of Donald Trump speaks … but shouldn’t have

A long while ago I wrote about a lawyer’s public interview that should never have happened.  Here is a lawyer’s op-ed piece that should never happened, you can read the op-ed if you haven’t already at  this link at The Huffington Post.  Now, because such a disclaimer seems to be in order and beneficial to some extent, […]

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. Legal ethics

Astonished and admonished.

So, on days like today, it is very difficult to have a forum (even one as small as this one) and not talk about truly important problems plaguing society, but no one comes here for my thoughts on those things so I’ll refrain. Staying in my lane, here is another example of a problem lawyers […]

Categories
. Legal ethics

Radiolab does the “buried bodies” case

Over the last couple of years, like a lot of other people, I have gotten very into listening to podcasts on my way to and from work and on car trips.  Most of what I spend my time listening to is in the comedic vein (MBMBAM, Judge John Hodgman, You Talking U2 to Me), but […]