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American Bar Association (ABA) Rules of Professional Conduct

(ACOEL) | American College of Environmental...

Climate-Competent Lawyering

It is becoming increasingly difficult to practice law without some knowledge of climate change as well as the law related to climate change. Irma Russell, Matt Bogoshian, and I recently published an article making the case...more

Legal Internet Solutions Inc.

Gen AI and Attorney Ethics: A State-by-State Roundup

Be cautious, be curious, be vigilant, and be brave. Those were the words of the New York State Bar Association’s Task Force on Artificial Intelligence. It is good advice. GenAI is here and lawyers need to understand its...more

Esquire Deposition Solutions, LLC

Can Insurers Dictate How the Insured’s Deposition Will be Conducted?

This blog post is the third in a series on common ethical challenges that arise while preparing for and conducting depositions. Insurers and large corporate legal departments are sophisticated consumers of legal services, but...more

Esquire Deposition Solutions, LLC

False Testimony During Deposition Calls for Careful Response

This blog post is the second in a series on common ethical challenges that arise when preparing for and conducting depositions. What is a litigator ethically bound to do when a client lies during a deposition? This is not an...more

Esquire Deposition Solutions, LLC

Lawyer “Friend Requests” Are Off-Limits for Deposition Witness Research

This blog post is the first in a series on common ethical challenges that arise when preparing for and conducting depositions. Social media offers such a wealth of details about a person’s circumstances and beliefs that...more

Esquire Deposition Solutions, LLC

Actionable Advice When Sharing Client Data with Vendors

We’ve previously written on the need for law firms to scrutinize the data security protections in place at all third-party vendors who have access to client confidential information. Clearly, that’s still good advice....more

Marshall Dennehey

New ABA Formal Ethics Opinion on Attorney Office Sharing Arrangements

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The American Bar Association recently issued a Formal Ethics Opinion addressing the ethics of attorney office sharing arrangements. In Formal Opinion 507, issued on July 12, 2023, the ABA Standard Committee on Ethics and...more

Woods Rogers

I’m So Lost: Navigating the Labyrinth of Legal Ethics, Professionalism, and Civility to Improve Understanding, Avoid Discipline,...

Woods Rogers on

Lawyers are members of a learned and honorable profession, subject to legal ethics rules, and encouraged to be civil as they practice their craft. These fundamental concepts—legal ethics, professionalism, and civility—were...more

Esquire Deposition Solutions, LLC

Will AI Deposition Assistants Be Ethical?

By now most lawyers are familiar with the story of DoNotPay, the company that promised to provide a traffic offense defendant with a “robot lawyer” to fight the ticket in court. The plan went like this: The defendant would be...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Rules of Engagement: Setting the Proper Scope of Representation to Protect the Client and the Lawyer

Ideally, the attorney-client relationship begins once a signed written engagement agreement is in place, which clearly outlines the clients who will be represented and the agreed scope of legal services. A properly drafted...more

Ballard Spahr LLP

American Bar Association Revises Model Rule of Professional Conduct to Combat Money Laundering

Ballard Spahr LLP on

On August 8, 2023, the American Bar Association (“ABA”) House of Delegates voted overwhelmingly (216–102) to pass Revised Resolution 100 (the “Resolution”), which in turn revised ABA Model Rule of Professional Conduct 1.16...more

Esquire Deposition Solutions, LLC

ABA Urges Lawyers to Raise Their Cybersecurity Game

The American Bar Association has again called on law firms to do more to protect their computer systems from intrusion by bad actors. The ABA’s House of Delegates approved Aug. 8 a trio of resolutions addressing cybersecurity...more

UB Greensfelder LLP

ABA Offers Opinion Explaining the Choice-of-Law Analysis in the Model Rules of Professional Conduct

UB Greensfelder LLP on

In Formal Opinion 504, the ABA Standing Committee on Ethics and Professional Responsibility sought to clarify ABA Model Rule 8.5’s choice-of-law provision. The Opinion provides an overview of Rule 8.5, and illustrates the...more

Hinshaw & Culbertson - Lawyers' Lawyer...

A Multistate Analysis of the Ethical Rules Governing Attorneys Working Remotely

The COVID-19 pandemic, along with government stay-at-home orders, required millions of professionals to work from home, including attorneys. However, as the pandemic comes to an end, many attorneys wish to continue to work...more

Esquire Deposition Solutions, LLC

Caution Signs Line the Road to Wider ChatGPT Adoption

ChatGPT and related artificial intelligence technologies are one of the most exciting developments to hit the legal profession in decades. Their ability to synthesize large datasets of legal information and deliver...more

Schwabe, Williamson & Wyatt PC

Living and Working in Multiple Jurisdictions? Consider Which Ethical Rules Apply

A lurking issue for lawyers who live and/or work in multiple jurisdictions is which ethics rules apply to their conduct. A lawyer who lives, works, and serves clients whose interests are confined to a single jurisdiction need...more

Esquire Deposition Solutions, LLC

Should Paralegals Participate in Depositions?

The Ohio Board of Professional Conduct recently considered an interesting issue related to deposition practice: whether or not nonlawyers such as paralegals can ethically participate in pretrial depositions. The board decided...more

Nextpoint, Inc.

How to Protect Attorney Client Privilege in Our Era of Electronic Evidence

Nextpoint, Inc. on

In this excerpt from our free eGuide on protecting attorney-client privilege, we explore the changes in rules regarding privilege and their real-life implications... The right of an attorney to communicate with a client...more

DarrowEverett LLP

No Such Thing as Finders Keepers Among Attorney Referrals

DarrowEverett LLP on

Referral fees, or fee sharing, among attorneys have become so commonplace that it may be easy to forget about the headache that they can cause to attorneys and clients alike. Our focus today is on the potential consequences...more

Schwabe, Williamson & Wyatt PC

ABA Relaxes Rule 4.2 When a Lawyer Hits ‘Reply All’: Will Oregon and Washington Follow Suit?

The American Bar Association (ABA) has issued its second formal opinion concerning Model Rule 4.2 in as many months. The so-called “no-contact rule” prohibits a lawyer from having contact with a represented party about the...more

Schwabe, Williamson & Wyatt PC

The Text Might Not Set You Free.

American Bar Association (ABA) Model Rule 4.2, the “no-contact rule,” provides that: “In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be...more

Carlton Fields

ABA Sound Advice: Five Tips for Successful Local Counsel Engagements

Carlton Fields on

This podcast provides practical advice for locating, engaging, and working with local counsel on litigation matters. This is especially useful for those hiring local counsel and for those who serve as local counsel. Tips...more

Sands Anderson PC

Legal Ethics Update: The Virginia Supreme Court Approves Practice of “Replying All” in Email Communications that Includes...

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Many lawyers have confronted the irksome practice of opposing counsel sending emails containing half-truths such as...more

Epiq

Key Ethical Obligations in the Era of Modern Law

Epiq on

To achieve modernization, the legal industry is operating off a new mindset requiring focus on efficiency and innovation when making operational decisions. Legal departments, law firms, legal service providers, and other...more

Nextpoint, Inc.

Technology Competence for Lawyers: Ignorance Is No Excuse

Nextpoint, Inc. on

Technology can be a curse or a comfort for lawyers. It promises to make you more efficient, but who has the time to learn it all? (And doesn’t that take away from the sacred billable hour?) Integrating the right tools...more

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