News & Analysis as of

Client Services Rules of Professional Conduct

Carr Maloney P.C.

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

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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

Esquire Deposition Solutions, LLC

Litigators Weigh Need to Disclose AI Use to Clients

Many lawyers today are wrestling with the question of whether they should inform clients that artificial intelligence technologies are being used on their case matters. Ethical advice from state bar regulators has been slowly...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

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

Epstein Becker & Green

Electronically Stored Information – Pitfalls and Ways to Avoid Mistakes and Inadvertent Disclosure

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Mistakes sometimes happen. One of the most serious mistakes attorneys can make is to inadvertently disclose privileged or otherwise protected information during discovery. This may sound easy, but in the electronic era, where...more

Pullman & Comley, LLC

Misadventures in ChatGPT: Lessons Learned

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Early in 2023, New York lawyer Steven A. Schwartz found himself in a bind when faced with a motion to dismiss an action he had commenced in state court that was subsequently removed to the District Court for the Southern...more

Seyfarth Shaw LLP

Update on the ChatGPT Case: Counsel Who Submitted Fake Cases Are Sanctioned

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We previously wrote about the widely-publicized Southern District of New York case involving lawyers who submitted papers citing non-existent cases generated by the artificial intelligence program ChatGPT, Mata v. Avianca,...more

Adler Pollock & Sheehan P.C.

The Ethical Challenges of AI-Assisted Legal Practice: Lawyers and ChatGPT

Artificial intelligence (“AI”) is not entirely foreign to the legal profession. AI-powered legal research databases, eDiscovery automation, and juror intelligence services are just a few examples of how lawyers have engaged...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

Maynard Nexsen

Civility in Litigation and Navigating Difficult Opposing Counsel

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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

Hinshaw & Culbertson - Lawyers' Lawyer...

When State Law Says Yes, but Federal Law STILL Says No

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

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

Hinshaw & Culbertson - Lawyers for the...

When Aggressive Tactics Cross the Line: Illinois ARDC Suspends Lawyer Accused of Sending "Abusive and Aggressive" E-Mails

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

UB Greensfelder LLP

Lawyers are Responsible for Ensuring Effective Communication with Clients when Faced with Language or Other Communication Barriers

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Regardless of communication barriers that various client circumstances may present, lawyers owe their clients the duties of competent representation and effective communication...more

Nextpoint, Inc.

Technology Competence for Lawyers: Ignorance Is No Excuse

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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

Hinshaw & Culbertson - Lawyers' Lawyer...

Sharing Fees Between Lawyers – Lawyers' Lawyer Newsletter - Do it Right or Pay the Price

The recent case of Edelson, P.C. v. Girardi, et al.[i] shows what can happen when a fee-sharing agreement goes bad. Edelson, P.C. claims that it acted as Illinois local co-counsel for California law firm Girardi Keese under...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

Conn Kavanaugh

The Hazards of Informal Advice: Friends, Family, and Holiday Parties

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There is a well-worn joke about a lawyer who runs into an old acquaintance on the street. “I’m so glad to see you!” the friend exclaims. “I’m in terrible trouble—can I ask you a couple of questions?” “Of course,” replies the...more

Smith Anderson

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

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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

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

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