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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
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
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
Join Dinsmore attorneys, along with our distinguished guest speakers, for guidance and insight on timely, cutting-edge topics impacting the legal profession and business. You can attend this event either in-person or...more
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
Last week, the State Bar of California filed an 11 Count Notice of Disciplinary Charges against John Eastman for “legal” services rendered to former President Donald Trump and others promoting the idea that the 2020...more
We have come a long way from the era when only criminal defense attorneys dealt with violations of cannabis laws. Today legalized cannabis is a burgeoning area of law that has many firms, large and small, trying to get a...more
Beginning January 1, 2023, all attorneys in New York must take continuing legal education courses on cybersecurity topics as a condition of practicing law in New York. The new continuing legal education requirement, the first...more
Many lawyers have confronted the irksome practice of opposing counsel sending emails containing half-truths such as...more
An attorney practicing in Illinois, Felipe Nery Gomez (respondent), was suspended from the practice of law for three years as a consequence of sending threatening and harassing e-mails in violation of Rules 4.4(a) and 8.4(d)...more
Regardless of communication barriers that various client circumstances may present, lawyers owe their clients the duties of competent representation and effective communication...more
Are there limits on employees or agents of a law firm soliciting work for the firm from individuals known or reasonably believed to be in need of legal services for a particular matter? In a recently issued opinion, the...more
For any number of reasons, lawyers are increasingly working across state lines. During the COVID-19 pandemic, health regulations prevented many lawyers from traveling to law offices. They remained home, working remotely,...more
It's one of the most gut-wrenching events in a lawyer's practice when they suspect the client is lying about the facts to cover up fraudulent or criminal activity. The client may be hiding liabilities when applying for a loan...more
Life happens fast. Blink, and you may miss important legal ethics opinions that capture the latest risk management trends. Our New Year's Edition of the Lawyers' Lawyer Newsletter highlights 11 opinions from 2021 that may not...more
During this continuing pandemic, we have seen people from all walks of life rise to the occasion and contribute their time and efforts to noble causes. Our health care workers are burning the candle at both ends. Our teachers...more
On October 1, 2021, the Ohio Board of Professional Conduct (the “Board”) issued Advisory Opinion 2021-10 advising that lawyers may not practice under a common trade name that is franchised nationally. The Board considered an...more
Before you pack up your pumpkin-spiced lattes and bring out your Holiday decorations, we have a ghoulish edition of the Lawyers' Lawyer Newsletter for you. We start with some Tricks for effective communication. Spoiler alert...more
On July 21, 2021, the Supreme Court of Virginia rejected without comment a proposed amendment to Rule 1.8, which governs “prohibited transactions.” Specifically, Rule 1.8(k), as proposed, would have provided that: “A lawyer...more
[co-author: Stephanie K. Benecchi] Why the term “zeal” as used in the ABA Model Rules is misleading and potentially harmful, and why its removal will result in rules that clearly set out a lawyer’s ethical obligations...more
On February 11, 2021, the California Lawyers Association Ethics Committee (the Committee) issued Formal Opinion 2021-1, which identified the "Elements of Effective Ethical Screens" that comply with the California Rules of...more
In response to the coronavirus pandemic, most lawyers spent at least several months working at home. Law firms are now opening back up, but many anticipate allowing their lawyers to continue to work at home at least some days...more
The American Bar Association recently issued a formal opinion providing attorneys with helpful guidance regarding whether, and how, to respond to online criticism: Formal Ethics Opinion 496, Responding to Online Criticism...more
Increasingly popular online “lead generation” services offering to connect attorneys with potential mass tort plaintiffs may expose counsel to ethics violations, the New Jersey Advisory Committee on Professional Conduct...more