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Carr Maloney P.C.

Nonrefundable Advanced Legal Fees are Per Se Unethical Under the Proposed New Rule of Professional Conduct 1.5(g)

Carr Maloney P.C. on

At its March 1, 2025, meeting, the VSB Council voted to approve changes to Rule of Professional Conduct 1.5. The proposed amendment to the Rule includes a new subjection (g), which codifies an understanding that has been...more

Winthrop & Weinstine, P.A.

Hennepin County Civil Judges Roundtable: Key Takeaways

In partnership with the Minnesota State Bar Association – Civil Litigation Section, Winthrop recently hosted a lively and educational Roundtable event featuring a distinguished panel of nine members of the Hennepin County...more

Goodell, DeVries, Leech & Dann, LLP

Responding to Bar Counsel Inquiries

I love the “Lawyers Behaving Badly” podcast. The show’s premise is the hosts’ love of professional messes. They excel at finding true stories about dumb lawyers. Each episode has me shaking my head, thinking to myself, “How...more

Maynard Nexsen

Civility in Litigation and Navigating Difficult Opposing Counsel

Maynard Nexsen on

You may not have heard the phrase before, but most likely you have encountered a “litigation terrorist” – an attorney who deliberately creates chaos in litigation. This is a growing trend in litigation and can manifest...more

Goodell, DeVries, Leech & Dann, LLP

Legal Ethics: Setting Limits With Your Clients

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

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

Pullman & Comley, LLC

Solicitation of Potential Clients by a Law Firm’s Employees or Agents

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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

Hinshaw & Culbertson - Lawyers for the...

California Court: Attorney's Failure to Cite Known Adverse Authority Violated Duty of Candor To Court

Brief Summary - A California appellate court held that it is a violation of the duty of candor for an attorney to prosecute an appeal while failing to cite known authority that the court has no jurisdiction to entertain...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Lawyers, Don't Be Willfully Blind to Suspected Client Fraudulent Conduct – Lawyers' Lawyer Newsletter

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

Smith Anderson

Lawyers May Simultaneously Represent a Corporation and Its Directors Against Derivative Claims That Do Not Allege “Serious...

Smith Anderson on

In a case of first impression in North Carolina, a judge for the North Carolina Business Court was recently asked to decide whether a single law firm may simultaneously represent both a corporation and its individual...more

Cozen O'Connor

Is it Time to Remove “Zeal” From the ABA Model Rules of Professional Conduct?

Cozen O'Connor on

[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

Cozen O'Connor

Conversation vs. Correspondence: New Jersey Ethics Opinion Goes Its Own Way on “Implied Consent”

Cozen O'Connor on

A new ethics opinion from New Jersey turns the concept of “implied consent” under ABA Model Rule 4.2 on its head. The March 10, 2021 Ethics Opinion from New Jersey - A recent opinion from the New Jersey Advisory Committee...more

Brooks Pierce

Five Lessons Learned From a Lifetime in the Courtroom

Brooks Pierce on

I have spent my 43-year legal career in the courtroom as a litigator, including participating in more than 75 trials and 125 appeals. During this time, I have seen the science and psychology of trials evolve. In many cases,...more

Hinshaw & Culbertson LLP

[Webinar] Pride in the Profession: Ethics Issues Impacting LGBTQ+ Attorneys, Clients, and the Courts - June 25th, 12:00 pm CST

Hinshaw's Susie Dent will present a webinar titled "Pride in the Profession: Ethics Issues Impacting LGBTQ+ Attorneys, Clients, and the Courts," on June 25, 2020 at 12:00 p.m. Central. Attendees will hear about current ethics...more

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