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American Bar Association (ABA) Model Rules

(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

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

How to Take a Vacation, Ethically

Summer is here and, for many lawyers, that means taking a well-deserved vacation and spending time with friends and family. However, any lawyer — particularly litigators who do not have complete control over their...more

Esquire Deposition Solutions, LLC

Proceed With Caution on Out-of-State Depositions

Many attorneys have long and successful careers without ever having to practice law outside of the jurisdiction where they obtained their license. But for litigators and in-house counsel, the need to be conversant with the...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...

Ghosts of Clients Past: 3 Ethical Duties to Former Clients and Things to Consider When Moving Between Firms

Congratulations, you won (or more likely settled) the case! Your last invoice has been paid, you have closed out the file, and after a handshake from your thankful client, you are ready to move on to your next matter. There...more

Ballard Spahr LLP

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

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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

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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

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

Hinshaw & Culbertson - Lawyers' Lawyer...

Identifying and Resolving Conflicts of Interest: Three Simple Rules

The duty of loyalty is the highest duty that a lawyer owes to a client. Indeed, it can be argued that all of the duties that an attorney owes to a client are derivative of the duty of loyalty. Not surprisingly, conflicts of...more

DarrowEverett LLP

No Such Thing as Finders Keepers Among Attorney Referrals

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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

Association of Certified E-Discovery...

[Webinar] Practical Applications of eDiscovery Rules - December 14th, 1:00 pm - 2:00 pm EST

We all know that there are Federal and State rules that govern how eDiscovery is conducted, but legal professionals need examples to illustrate how the rules should be applied, and what NOT to do. This webinar will use actual...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

Epiq

Key Ethical Obligations in the Era of Modern Law

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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

Esquire Deposition Solutions, LLC

Technology Competence Is Key to Conducting Remote Depositions Ethically

We recently wrote about ethical considerations that are present in every deposition. We saw that the ethical rules applicable to depositions are mainly concerned with ensuring the integrity of the judicial process —...more

McDermott Will & Emery

International Legal Highlights | June 2022

EUROPEAN COMMISSION ADOPTED A PROPOSAL DIRECTIVE ON CORPORATE SUSTAINABILITY DUE DILIGENCE - On 23 February 2022, the European Commission (EC) adopted a proposal for a directive on corporate sustainability due diligence...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Legal Ethics Trend – Representing Clients with Diminished Capacity

The #FreeBritney movement catapulted the ethical challenges of conservatorships into the public eye. Pop icon Britney Spears, whose father was appointed as her conservator in 2008, stands at the center of this cultural...more

Holland & Knight LLP

Beyond Politics: Attorney-Client Privilege and Work Product Protection

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American Bar Association Model Rule 2.1 and its state law equivalents recognize that in advising a client, a lawyer may take into account and refer to "moral, economic, social and political factors that may be relevant to the...more

Esquire Deposition Solutions, LLC

Exercising Due Diligence in the Selection of a Tech Vendor

The task of conducting due diligence in the selection of technology vendors is a critical component of the lawyer’s ethical obligation to maintain reasonable security over client confidential information. However, for several...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Lawyers' Lawyer Newsletter – November 2021

Welcome to the Thanksgiving edition of the Lawyers' Lawyer Newsletter. In this edition, we consider an attorney's ethical obligations when facing a subpoena—whether issued by the court or an individual attorney—seeking...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Lawyers' Lawyer Newsletter – Recent Developments in Risk Management - Halloween 2021

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

Holland & Knight LLP

ABA Formal Opinion Urges Lawyers to Take Language-Access Barriers into Consideration

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The American Bar Association's (ABA) Formal Ethics Opinion 500, issued on Oct. 6, 2021, examines a lawyer's duties of communication and competence in situations involving language-access issues with clients, where clients may...more

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