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

Bard, J. (confusing)

So, writing about the advancements in AI is all the rage right now. And that isn’t surprising because the developments have been coming pretty quickly in 2023 starting with (I think starting with) Open AI rolling out a Chat GPT-3 and all the discussion and the oohing and the aahing and then it within weeks […]

Categories
Legal ethics

It’s called “reciprocal” discipline but …

Sometimes, not always of course, but sometimes representing a client in a disciplinary matter can become much more complicated if they hold licenses in multiple states. The problems of potential reciprocal discipline being imposed in those other states can sometimes make it difficult for a lawyer to be willing to agree to even minor discipline […]

Categories
Legal ethics

Examples #2,145 and 2,146 of the scope of the problem.

Having just scratched long unscratched itches of topics over which dust has gathered last week, let’s resume talking about more recent topics. Specifically, a topic that is going to need to continue to be bellowed about until we can get it fixed: the flaws in RPC 5.5. Thankfully, we have two further recent situations — […]

Categories
Legal ethics

A virtual example of better, but not good enough.

I know it really hasn’t been that long (a little over two months ago) since I wrote on here to trumpet the APRL proposal for a new ABA Model Rule 5.5. If you missed that, it would help a lot to go read that post first. Here’s a link. I’ll wait right here until you […]

Categories
. Legal ethics

Florida is a hopeless place.

No, I’m not going to have to get into talking about that it has a joke of a governor and has been actively trying to not make decisions in the best interest of public health during a crisis. I’m just going to focus on two developments in the legal ethics space that have occurred in […]

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. Legal ethics

Two ethics opinions: one good, one bad, but both reveal systemic problems.

So, New York and Florida. Interestingly, those states have been bookends of our nation’s problems with COVID-19 and with fighting it. New York got hit very badly early, given the concentrated nature of its population centers, but then engaged in a very serious effort of taking the virus very seriously and managed to significantly flatten […]

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. Legal ethics

More UPL Madness From Ohio

You may recall some past discussion here of the prolonged saga of the Dinsmore lawyer who moved from one of its offices in Kentucky to its Cincinnati, Ohio office and nearly was denied comity admission in Ohio over accusations of the unauthorized practice of law. While that story ended happily — she was ultimately determined […]

Categories
. Legal ethics

In a New York (out-of) state of mind…

It has been a minute or two since I’ve stumbled upon an ethics opinion that provides a quick and easy example of how to take an issue, makes it overly complex and in so doing highlight several ongoing problem areas in the regulation of the profession, but ultimately still get to the correct result as […]

Categories
. Legal ethics

Friday Follow Up: Ohio Gets to the Right Outcome on UPL

Almost exactly three months ago, I wrote about what I considered to be a very disturbing ruling in a lawyer admissions case in Ohio.  If you missed that post, you can read it here. I’m pleased to write, in follow-up today, that the Ohio Supreme Court has ultimately gotten to the correct outcome – it […]