Rules of Professional Conduct

News & Analysis as of

Fast Five - Rhode Island Appellate Practice - June 2015

SUPREME GHOSTBUSTERS: RHODE ISLAND SUPREME COURT IMPOSES LIMITATIONS ON GHOSTWRITING. The Rhode Island Supreme Court “ain’t afraid of no ghost.”[1] In a long-anticipated, unanimous decision, the Rhode Island Supreme...more

Does the False Claims Act Preempt An Attorney Relator’s Ethical Obligations?

In United States ex rel. Holmes v. Northrop Grumman Corp., No. 1:13-cv-85, 2015 WL 3504525 (S.D. Miss. June 3, 2015), the court answered this question with a resounding “no” and provided a laundry list of ethical violations...more

Health Alert (Australia) - April 13, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: 27 March 2015 - Public consultation opens on draft Principles and guidelines for the care and use of non-human primates for scientific...more

Splitting Fees? Get Client Consent ASAP

Common scenario: You do some work for a client and then pass off the client to another attorney, agreeing to split the attorney fees. Later you want to get your share of the fees. The Rules of Professional Conduct require...more

Ethics In The Tech Age: What Every Lawyer Should Consider

In light of recent changes to the ABA Model Rules of Professional Conduct, what are a lawyer’s ethical duties arising from new technology? And what should a lawyer know about technology? Model Rules’ Technology and...more

Proposed California Bar Opinion Seeks to Clarify Advertising Rules for Lawyer Blogs - California Joins Growing Number of States in...

There has been some confusion in recent years regarding how state disciplinary boards would – or should – treat lawyer and law firm blogs. While commentators and ethics boards have generally agreed that comments by a blogging...more

Dead Partner And Disqualification

The Business Court on Wednesday disqualified a law firm from representing its longtime corporate client in a lawsuit against the corporation's former CEO and Chairman of its Board of Directors....more

How to Protect Corporate Attorney-Client Privilege – Defense Fails in Sex Discrimination Case

Last month, a Pennsylvania federal judge rejected a company’s claim to attorney-client privilege as an obstacle to pursuit of a sex discrimination suit brought by a lawyer and former employee....more

ISO’s Cloud Privacy Standard: A Guide for Lawyers’ “Reasonable Efforts” to Protect Client Information

Rule 1.1 of the Model Rules of Professional Conduct requires that all lawyers provide “competent representation to a client.” In August 2012, the ABA added new language to Model Rule 1.1, comment 8: To maintain the...more

Witness Coaching: Blurred Lines

The Rules of Professional Responsibility speak to the ethical boundaries for a lawyer’s conduct in connection with witness preparation only indirectly. Rules 1.1 and 1.3 describe competence, diligence, and zeal; and Rule 3.3...more

Ethical Issues Implicated by Lawyers’ Use of Third-Party Cloud Services

Law firms increasingly turn to “cloud services” for processing and storing confidential client information because of their greater flexibility and efficiency. Use of “the cloud,” however, outsources the administration,...more

Status Updates - February 2015 #4

Blawg rules. The California State Bar has issued an opinion outlining the circumstances under which an attorney’s blog would be subject to the requirements of the California State Bar Act’s Rules of Professional Conduct...more

Firm Disqualified Because Preliminary Injunction Is “Directly Adverse” to Another Client - Celgard, LLC v. LG Chem, Ltd.

Disqualifying Celgard’s appellate counsel due to a conflict of interest, the U.S. Court of Appeals for the Federal Circuit, in a non-precedential opinion, found that Celgard’s preliminary injunction preventing LG Chem from...more

Illinois Supreme Court Affirms Circuit Court Jurisdiction Over Workers Comp Referral Fee Disputes

The Workers Compensation has broad jurisdiction to award or apportion attorneys’ fees in connection with counsel’s work before the Commission. But what if one of the attorneys didn’t appear before the Commission, and the...more

"The Multifaceted General Counsel"

From legal adviser to business strategist to compliance officer, an in-house counsel typically finds herself playing multiple roles in her organization. Each role requires knowing the organization's business, understanding...more

Why Won’t My Lawyer Call Me Back?

Barry P. Goldberg is asked this question all the time. Usually, it is in the context of a perfectly good client wanting to switch lawyers to one that is reasonably responsive. I say “reasonably” because most of these...more

California State Bar to Undertake Second Revision of Rules of Professional Conduct

The California Supreme Court has returned to the State Bar 17 revisions to the California Rules of Professional Conduct that the Bar had previously submitted to the court. The court asked the State Bar to set up a second...more

Haggle in Discovery at Your Own Risk

Attention has recently been paid to the duty of competence outlined in comment 8 to ABA Model Rule of Professional Conduct 1.1, which requires lawyers to understand the “benefits and risks associated with relevant...more

Navigating The Ethical Minefield Of Social Media For California Attorneys

In this presentation: - ABA Survey Of Attorney Social Media Use In Aug 2013 - Social Media Is Here To Stay…. - Social Media Platforms In Play For Attorneys - Social Media At Issue - Initial...more

Golden Rule: Be Kind To Others… Even In Discovery

Discovery can bring the best of times and worst of times. I recently had a case dismissed outright the morning after a deposition because the information obtained by the witnesses was so helpful to our defense of the case....more

Mmmm…Donuts! But Can You Bring Them to the Courtroom Staff or Jury?

Seasoned litigators know how important it can be to have a good relationship with courtroom staff. Bringing holiday treats or morning coffee can certainly bolster that relationship, but is it ok to do? Trying to...more

Tricky Business: Representing Clients with Adverse Interests

As a matter of professional responsibility, California attorneys must avoid conflicts of interest with current and former clients. Beyond these ethical obligations, there are also practical reasons to avoid a new client who...more

What to Do If Your Client Dies

You’re litigating a case and your client dies. What do you do? What are your ethical obligations? One of the first questions you have to ask yourself when you client dies is, “who is my client now?” The answer is...more

Do’s and Don’ts of Juror Contact

Not surprisingly, California’s legal ethics rules have a lot to say about how attorneys relate to jurors. Here are 5 do’s and don’ts when it comes to attorney-juror interaction....more

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