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. Legal ethics

I’ll never understand why athletes hire non-lawyer agents.

Thanks to ESPN I’ve long known more about Johnny Manziel than I care to.  But, this past week, I learned something I really should never know — why his agent decided to fire Manziel as his client.  Up until this past week, Erik Burkhardt was Manziel’s agent.  Burkhardt is a law school graduate, but from […]

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. Legal ethics

A Texas two-step of January ethics opinions

So far this month, the Professional Ethics Committee for the State Bar of Texas has put out two ethics opinions worthy of some discussion given the issues tackled and the outcomes of each opinion. The more recent of the two, Opinion No. 653, evaluates whether a lawyer acting pro se in a matter has to […]

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. Legal ethics

2 out of 3 ain’t bad – NC releases a threesome of ethics opinions on the same day

In a lot of jurisdictions, mine included, formal ethics opinions from the governing disciplinary body are issued, if not rarely, then on a “few and far between” kind of time frame.  In North Carolina, on October 23, 2015, 3 were released in one day. Two of them provide overall good advice.  One of those two […]

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. Legal ethics

Update – Caveat requestor is where we will stay in TN.

I’ve previously written about a pending rule revision in Tennessee that the BPR initiated and to which the TBA responded here.  Last week the Tennessee Supreme Court entered this order and adopted essentially the language that the BPR was seeking and did not incorporate the suggestions the TBA made that would have actually provided the […]

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. Legal ethics

Bad ethics opinion or worst ethics opinion? Tennessee 2014-F-158 edition

Actually, unlike some other posts in this category, this title’s not even close to reflecting a serious question being asked.  Slapping that tile on this post is more of a crutch.  The ethics opinion I want to discuss here is miles away from even being in the conversation among the worst ethics opinions.  It really isn’t […]

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. Legal ethics

Coming to praise rather than to bury (Part 1 of 2)

For a change of pace, I write today about a very well constructed ethics opinion out of New York.  (To keep this positivity train chugging along for at least one more day, my plan for tomorrow is to discuss a federal court decision out of Florida impacting attorney ethics that is also praiseworthy and that […]

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. Legal ethics

Bad ethics opinion or the worst ethics opinion? Iowa 15-03 edition

Inspiration, like corn, comes from Iowa today.  It’s time again for a little game called, is this a bad ethics opinion or the worst ethics opinion?  The Iowa State Bar Association Committee on Ethics and Practice Guidelines self-nominated by issuing Op. 15-03. Before I make enemies of a few Iowa lawyers that I have no doubt […]

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. Legal ethics

Protecting client confidentiality – how Fargo?

So sorry for the title if you are not a fan of a syntactically-challenged play on words.  But this news item out of Kentucky sounds like the kind of plot that would make for good fodder for a future season of the TV show Fargo.  (Which, yes if you are unfamiliar with it, is spun […]

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. Legal ethics

You Don’t Always Get What You Pay For, But Free Advice Can Be Costly.

In Tennessee, we have a version of RPC 1.6(b)(4) patterned after the ABA Model Rule that permits a lawyer to disclose confidential client information for the purpose of getting advice about how to comply with his/her ethical obligations.  The last sentence of Comment [9] to that rule stresses that this disclosure can only be made, however, if […]

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. Legal ethics

When online: cat and dog shaming pictures = funny. Client shaming efforts = foolish

Today, we spend a few more minutes addressing a topic that will likely be a rich vein of discussion for years to come or for at least for as long as lawyers continue to be human beings whichever is shorter.  (Even with this news, you figure we have a few years left before we have […]