I’m sure you are familiar with the idiom “One bad apple spoils the bunch” or in some parts of the country “one bad apple spoils the barrel,” but probably not in the context of legal ethics opinions. Someone could (or has) already written versions of posts applying that idiom to lawyers generally and perhaps unethical […]
Tag: RPC 1.9
So, the reasons secret recordings will always happen in “one-party” recording states is that they get to the truth. Lots of people do not like them though. And judges absolutely loathe the notion of being secretly recorded. They do not like them so much that sometimes no matter what the secret recording reveals they will […]
Okay, so in the interest of full transparency, what I really wanted to write about is the fact that we have a new entrant in the running for “Who is the worst of the Trump lawyers out there?” competition. Among the many things that have come out of the work of the January 6 Committee […]
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“Here’s a new post.” (cleaned up)
I have tried for the better part of a week to convince myself that I needed to write something about the most recent ABA Formal Ethics Opinion which was released in February 2021 and which attempts to explain what “materially adverse” means in the context of ABA Model Rule 1.9 (and Model Rule 1.18). I […]
It’s been a while. I know. But I saw a blurb about a story that caught my attention in the before-times and then a second story about the same case more recently that hooked me enough to write about. Primarily, it hooked me because it provides a compelling opportunity to discuss two important points about […]
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A kind note from a satisfied client
Since I’m seeing quite a few of these notes from satisfied clients on LinkedIn, Facebook, and other places in various formats, it seems like a good time to share a touching one I received recently. Brian, Thank you very much for the really great work and the successful outcome. I really appreciate you and all […]
In October of this year, I’ll have the honor of again getting to serve as a moderator for a panel discussion at Aon’s Law Firm Symposium. This year’s event will take place in D.C. The topic of the panel I get to be a part of will be something of a DQ motion boot camp. […]
I want to quickly discuss an ethics opinion out of New York state. No, not that one. I’m not going to delve into the brouhaha over the one from March 2016 that only got publicity in August 2016 that involves saying it is ethical for a firm to charge clients for work performed by unpaid […]
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, […]
A few months ago, I wrote a post about a frustrating Tennessee Ethics Opinion that offered guidance on lawyers’ obligations when responding to a subpoena for client information by, in part, treating a subpoena as if it were a court order. Last week, the ABA issued Formal Opinion 473, Obligations Upon Receiving a Subpoena or Other Compulsory […]