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. Legal ethics

A duty to ask: Another of the unintended consequences of unbundling

Yesterday, the ABA Standing Committee on Ethics and Professional Responsibility issued its latest ethics opinion, Formal Opinion 472, “Communication with Person Receiving Limited-Scope Legal Services.”  On the whole, it isn’t a bad opinion.  It is well-constructed, addresses multiple topics that seem ripe for discussion, and clearly is the product of a lot of thought and […]

Categories
. Legal ethics

Stacked decks, standards of review, and the RPC 8.1 duty to cooperate

In many jurisdictions, disciplinary proceedings against lawyers are referred to as being “quasi-criminal” in nature.  If you ask lawyers who defend lawyers in disciplinary proceedings, you will often hear them agree that the nature of the work can feel a good bit like criminal defense work, but with two pretty universal exceptions that make the […]

Categories
. Legal ethics

Can I get a witness (to talk to me)?

Later today (noon central), I will be doing a live webcast, through the Tennessee Bar Association, focused on RPC 4.2 and other ethical issues associated with communications with employees (and former employees) of represented organizations.  My co-presenter is a friend and former colleague (we practiced together as associates at a defense firm in the late […]

Categories
. Legal ethics

A recent experience speaking about legal ethics to regular people

I had the opportunity recently to make a legal ethics presentation to a group of regular people, i.e., people who were not lawyers.  (It takes effort not to call them “nonlawyers.”  I admitted that to them at the outset while acknowledging how egocentric the term sounds when lawyers use it to mean anyone else.  Even physicians […]