So, for folks of my political persuasion, the last week of the Supreme Court term was a real gut punch. Today’s post is not about arguing with anyone over whether the outcome of the 303 Creative decision was or was not correct and is not even about whether the Plaintiff in 303 Creative should have […]
Tag: RPC 4.1
Categories
“In representing a client” … again
We’ve trod this path before, but the issuance of the most recent ABA Formal Ethics Opinion justifies renewed discussion of the topic. Particularly when the opinion in question is of the rare variety where there is a dissent included in the opinion. The path (our topic): Does Model Rule 4.2 apply to a lawyer when […]
Categories
Things You Stone Kolb Can’t Do.
So, today’s post involves an ongoing (recently initiated in fact) disciplinary matter. Accordingly, the details available are based entirely on the one-sided positions set out in the disciplinary complaint. The ABA Journal has run a story about it, but once again, it first got on my radar screen because of discussion over at The Legal […]
So, if you’re here at any point today or tomorrow, you are likely someone who has already heard the news of Rudy Giuliani, attorney for the former POTUS, being suspended from the practice of law in New York. A copy of the 30+ page opinion imposing an interim suspension on Mr. Giuliani is available at […]
Categories
A tale of two signature issues.
There are certain things that ought to be ingrained in lawyers that they know they cannot do. Maybe we could reach agreement on all of what should be on that list of things, but that task is far too ambitious for any Friday, much less this Friday. I would hope we could agree that an […]
It is still astounding (as well as deeply dispiriting) that the context of the discussion I’m about to launch is the work of White House Counsel but this is the world we currently occupy. You may very well have read this fascinating The Washington Post article by now released in connection with the ongoing news story […]
Categories
I Dowd that very much.
Last week was a pretty eventful week in the area where politics and the law overlaps, and an initially bizarre turn of events that was made more bizarre by subsequent claims injected some questions of legal ethics into events on the national stage again. What I’m talking about is all stuff you’ve likely already read […]
I’ve mentioned in the past the fact that Tennessee has a version of RPC 4.4(b) that directly addresses, and provides what I happen to think is the correct outcome, for what a lawyer is supposed to do about the receipt of someone else’s confidential information either inadvertently or via someone who isn’t authorized to have […]
Categories
Dishonesty in settlement negotiations
This is a topic I’ve spoken about on a number of times over the years as it can make for a pretty decent CLE presentation. Any such presentation almost always involves use of a hypothetical to explore issues that seem (or at least can sound) academic to a large extent. The usual jumping off point […]
A common theme in many disciplinary proceedings brought against lawyers involves dishonesty. This should not really be a surprise given that lawyers are human beings and human beings have a tendency toward being dishonest when they can get away with it. Although there is an ethics rule that, on its face, makes it unethical for […]