Categories
. Legal ethics

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 […]

Categories
. Legal ethics

An incredibly unhelpful ethics opinion from Colorado

Were you looking for something that is very well-written but entirely unhelpful to your needs as a lawyer?  Well, you’ve come to the right place today. Wait, I now see how that paragraph could be misconstrued in an entirely unflattering way and as an inadvertent passing of judgment on this whole blog.  Obviously, I didn’t […]

Categories
. Legal ethics

My 300th Post. The shady “Stormy” story gets shadier.

If you had told me back in March 2015 when I started this blog that my 300th blogpost would struggle with trying to decide which angle of a statement to The New York Times made by a personal attorney for the 45th President of the United States about paying $130,000 to a porn star to apparently buy […]

Categories
. Legal ethics

Idaho why lawyers are so often tripped up on this.

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 […]

Categories
. Legal ethics

An ethics opinion from the Coinhusker state

Answering the question that was undoubtedly on the minds of every lawyer practicing in that state, the Lawyer’s Advisory Committee of the Nebraska Supreme Court issued Ethics Advisory Opinion for Lawyers No. 17-03 making clear that, yes, lawyers can accept payment from clients in the form of Bitcoin or other similar digital currencies. I don’t […]

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. Legal ethics

Coming to praise rather than bury – Colorado Formal Op. 129

It is almost three months old now, but I wanted to right a word or two about a really well-constructed ethics opinion issued in Colorado, not just because it is an opinion that deserves to be read, but also because it raises a not-quite-academic question about the phenomenon of captive law firms. The opinion put […]

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. Legal ethics

An exception to “Fool me once, shame on you; fool me twice, shame on me” in Ohio

Lawyers who frequently represent other lawyers in disciplinary proceedings are well aware that the ethics rules in their state offer up an inherent 2-for-1 construction for bar prosecutors because states with versions of RPC 8.4(a) patterned on the Model Rules establish that a lawyer also violates RPC 8.4(a) by violating any other ethics rule.  That […]

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. Legal ethics

Lawyering vicariously.

Lawyers in private practice work in a variety of settings ranging from solo practice to law firms with thousands of lawyers in scores of offices.  Lawyers also practice in a variety of business structures ranging from d/b/a arrangements on one end to Swiss Verein models. My rough guess would be that the majority of United […]

Categories
. Legal ethics

A reminder (for you) about the importance of coverage issues and (for me) that there is a second side to most stories.

This is an update on the California lawyer who successfully compelled arbitration of a client’s salacious claims that he treated her as essentially a “sex slave” that I wrote about here. While I talked about that case as an example of the growing power of arbitration provisions in the arena of attorney-client contracts, I did […]

Categories
. Legal ethics

Some arbitrary thoughts related to attorney-client arbitration agreements

It is undeniable that the American judicial system long ago embraced arbitration as a valid form of alternative dispute resolution.  As a result, it is also hornbook law at this point that agreements to arbitrate disputes are to be enforced just like any other contract.  As a practical matter, there isn’t anything empirically wrong with […]