Last month, the Association of the Bar of the City of New York Committee on Professional Ethics put out a thorough Formal Opinion addressing when it is unethical for an attorney to threaten to file a disciplinary complaint against another lawyer. While Formal Opinion 2015-5 is a well-written opinion overall, it is a sprawling one […]
Tag: RPC 8.4
I’ve written a good bit over the last few months about a variety of issues related to problems involving unauthorized practice of law issues for lawyers licensed in at least one jurisdiction. Tennessee still has the pending petition filed by the Board of Law Examiners that should result in some form of practice pending admission rule that will […]
I commend to your reading a very well done, thorough, and I think (hope) persuasive report from the Association of Professional Responsibility Lawyers regarding the subject of lawyer advertising. Although none of us were on the Lawyer Advertising Committee that put this together, several of us on the committee are members of APRL. You can […]
There is no question that there continue to be rapid developments arising in the law resulting from the steady trend among states toward reevaluating the legality of marijuana use under their state’s law. Several states have made it outright legal for recreational use under their state law, while others have legalized only medicinal uses, and […]
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Death and disbarment
Returning to the office from the holiday weekend, I noticed these two sad and weird stories of lawyers doing inexcusable things that seem to have common threads of death and disbarment running through them. Many years ago I wrote a humor column for young lawyers. and you can find some of those columns still floating […]
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Things I don’t understand . . .
I was not born in the South but have lived here for the overwhelming majority of my life. I’ve never understood, however, the uniquely Southern interest in the history of the Civil War. And, I don’t mean just at the role-playing levels of Civil War re-enactment events but even at the more subtle levels at […]
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A cautionary tale of sorts
Recently, I wrote a little about the problems that can be presented in re-negotiating the terms of a fee agreement with an existing client in light of the requirements of RPC 1.8(a) governing business transactions with clients. Yesterday’s big legal news in Tennessee involves something that could be flippantly described as an RPC 1.8(a) problem […]
Earlier this week, I wrote about the scariness that can come with understanding another way that lawyers’ fates are tied together when they practice law in the same firm: one lawyer failing to disclose a known problem on a malpractice renewal application could lead to loss of coverage for all of the other lawyers in […]
The story of a Virginia lawyer who has now been suspended for 6 months as a result of apparently drinking and being drunk while in attendance at a CLE event is making the rounds. There is a part of me that is a bit surprised that something like this does not happen more often […]
It is not every day that a contempt case against a Tennessee lawyer gets some national coverage, but it also is not every day that a celebrity former television judge and former candidate for District Attorney has a criminal contempt ruling and sentence of 5 days in jail against him affirmed on appeal. The appellate […]