Categories
Legal ethics

APRL Takes the Lead Again

Not quite, but almost, three years ago, I wrote about a proposal by the Association of Professional Responsibility Lawyers urging the ABA to revise Model Rule 5.5 to make it easier for clients to retain the lawyer of their choice without being inhibited by state lines. Regrettably, while the ABA has not yet ultimately acted […]

Categories
Legal ethics

Textual Relations in PA: A Tale of Two Rule Revisions

While lots of ethics discussions and regulatory efforts have been focusing on more advanced technology like Generative AI, Pennsylvania has been laser-focused on making it unethical for lawyers to use text messages as a means of soliciting clients in more ways than one. In October 2024, the Pennsylvania Supreme Court adopted revisions to its RPC […]

Categories
Legal ethics

Anti-discrimination v. anti-diversity

It has been a while since I have written anything here about ABA Model Rule 8.4(g) and efforts to adopt variations of it at the state level anywhere. Part of why that is the case is that there hasn’t (to the best of my knowledge) been many developments of note to write about. Part of […]

Categories
Legal ethics

To “Non” or not to “Non”?

Is currently sort of a question it seems. It is not the world’s most pressing question, but it is a discussion topic in the world of the practice of law getting some extensive media scrutiny in legal publications. For example, here, here, and here. For those not fully enmeshed in the topic already, the issue […]

Categories
Legal ethics

New York States of Mind

Let’s end 2023 on a high note, shall we? Governor Hochul must be high. She just vetoed a bill that would have finally ended New York’s requirement that New York lawyers have to have an office in New York. Yes, you heard that right. Despite all of the talk in the legal profession of the […]

Categories
Legal ethics

Fifth Shortcircuit on AI?

It is very hard to get very far in any sort of “end of year” evaluation of legal ethics questions without talking about the rise of generative AI, how to use it ethically, and what its rapid (and continuing) development will mean for the practice of law. I’ve written earlier this year about the unfortunate […]

Categories
Legal ethics

Welcome to a new type of post

We will call it: An update on something I could have sworn I wrote about but didn’t. After some events in Tennessee that I did write about, a number of petitions were filed to seek to enact some changes to rules in Tennessee related to the admission of attorneys. The first filing in the series […]

Categories
Legal ethics

Libertarians + Access to Justice = Change?

First of all, I know I am long overdue for new content here. There have been quite a few things that caught my eye that I wanted to write about, but there were so many to choose from it got into a weird, overwhelming, and highly unusual sort of “writer’s block” situation. Second, some anniversaries […]

Categories
Legal ethics

Certificate of Consternation

This post will be short (fingers crossed) and sweet bitter. I’ve written pretty extensively lately about the two lawyers (now 3 lawyers) getting a lot of negative publicity for misusing ChatGPT and, as a result, filing documents with courts containing imaginary legal authorities. I will not repeat my points about the failings of those lawyers. […]

Categories
Legal ethics

Dot. Dot.Dash (3 updates)

Three updates for you on things that all managed to catch my eye at the same time and all fall into the “I’ve written about this before” category. First, there has now been a ruling in that MSG case where the lawyers for MSG were badly misusing RPC 4.2 to justify barring certain attorneys from […]