News & Analysis as of

Professional Liability Rules of Professional Conduct

Hinshaw & Culbertson - Lawyers for the...

Illinois Appellate Court Affirms Default Judgment Against Attorney After He Repeatedly Fabricated Expert Witness Disclosures "From...

Iavor Stoyanov v. Himont Law Group, Ltd., et al., 2024 IL App (1st) 221434-U (April 15, 2024) - Brief Summary - The First District Appellate Court in Illinois held that the trial court (Judge Patrick J. Sherlock) was correct...more

Marshall Dennehey

New ABA Formal Ethics Opinion on Attorney Office Sharing Arrangements

Marshall Dennehey on

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

Woods Rogers

I’m So Lost: Navigating the Labyrinth of Legal Ethics, Professionalism, and Civility to Improve Understanding, Avoid Discipline,...

Woods Rogers on

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

Conn Kavanaugh

Spotting and Avoiding “Material Limitation” Conflicts of Interest

Conn Kavanaugh on

Some conflicts of interest are easy to spot. Most lawyers recognize, for example, that a lawyer cannot act as an advocate in one case against a person the lawyer represents in another case, even if the matters are unrelated. ...more

Marshall Dennehey

Third Circuit Confirms Disciplinary Board’s Ability to Prohibit Harassment and Discrimination in the Practice of Law

Marshall Dennehey on

Greenberg v. Lehocky, ___ F.4th ___, 2023 WL 5539272 (3d Cir. Aug. 29, 2023) - The recent amendment to Pennsylvania Rule of Professional Conduct 8.4, prohibiting harassment and discrimination in the practice of law, remains...more

Hinshaw & Culbertson - Lawyers for the...

California's New "Snitch" Rule Means Attorneys Must Report Other Attorneys' Misconduct to the State Bar or Tribunal

Previously, as the only state not to adopt some version of the American Bar Association's Model Rule 8.3, California has now finally joined the rest of the nation. California's new Rule of Professional Conduct 8.3, which goes...more

Sands Anderson PC

Legal Ethics Update: The Virginia Supreme Court Approves Practice of “Replying All” in Email Communications that Includes...

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Many lawyers have confronted the irksome practice of opposing counsel sending emails containing half-truths such as...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

Woodruff Sawyer

Do In-House Lawyers Need Insurance Coverage for Malpractice?

Woodruff Sawyer on

As the litigation environment for directors and officers gets more intense, in-house lawyers are asking the question: Do I need malpractice insurance? It’s a good question. If needed, the type of insurance in-house counsel...more

UB Greensfelder LLP

Ohio Board of Professional Conduct Advises Judges May Provide Letters of Recommendation Under Certain Circumstances

UB Greensfelder LLP on

Ohio judges may provide letters of recommendation for individuals so long as the letters are based on the judges’ personal, firsthand knowledge of the individuals and the letters are not an abuse of the prestige of their...more

Hinshaw & Culbertson - Lawyers' Lawyer...

11 Legal Ethics Opinions You May Have Missed in 2021 – Lawyers' Lawyer Newsletter

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

Conn Kavanaugh

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

Conn Kavanaugh on

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

UB Greensfelder LLP

New Opinion Warns Against Practicing Law Under Nationally Franchised Common Trade Name Owned by Non-Lawyers

UB Greensfelder LLP on

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

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

Sands Anderson PC

Legal Ethics: In-House Counsel and Sex with the Corporate “Client”

Sands Anderson PC on

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

UB Greensfelder LLP

Ohio Lawyers May Only Say They Are Specialists in Fields of Law Designated By the State Supreme Court

UB Greensfelder LLP on

The objective of The Ethics and Professional Liability Bulletin is to keep legal professionals informed of recent developments and trends in the areas of legal ethics, professionalism, and professional liability. August 23,...more

Conn Kavanaugh

Lawyer impairment in the age of remote work

Conn Kavanaugh on

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

Conn Kavanaugh

Lawyer Impairment: What Is A Law Firm To Do?

Conn Kavanaugh on

In response to the coronavirus pandemic, many law firms implemented remote work systems. While this move was made to protect the physical health of law firm employees, it has made it more difficult to recognize and assess...more

Rumberger | Kirk

Motion Practice, Jerry Springer-Style: When Zealous Advocacy Becomes Unprofessional Conduct

Rumberger | Kirk on

A recent order by Senior U.S. District Judge Donald L. Graham provides a strong reminder to Florida attorneys to remember their duties under the Florida Bar Oath of Admission and the Florida Bar’s Creed of Professionalism...more

Conn Kavanaugh

ABA Provides Ethical Guidance for Virtual and Remote Practice of Law

Conn Kavanaugh on

Over the past year, as attorneys increasingly have turned to out-of-office and out-of-courtroom work during the COVID-19 pandemic, ethical concerns specific to this operational format have come to the forefront. The American...more

Pullman & Comley, LLC

ABA Weighs in on Lawyer Responses to Negative Online Reviews

Pullman & Comley, LLC on

In an ethics opinion issued on January 13, 2021, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility  has provided guidance to practitioners on responding to negative online reviews...more

Haight Brown & Bonesteel LLP

To err is human, to sometimes forgive is CCP Section 473(b)

In his Daily Journal article, Partner Stephen Squillario discusses the potential escape hatch that is provided by C.C.P. Section 473(b) when an attorney's mistake, inadvertence, surprise or neglect has harmed the client. ...more

Womble Bond Dickinson

Real Plaintiffs’ TCPA Lawyers of Florida: Brawl Between Two Law Firms Over a Class Settlement with the Tampa Bay Bucs Proves a...

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Sit back and grab your popcorn. I’m about to tell you about a recent ruling involving a fight over a class settlement with the Tampa Bay Buccaneers in a junk fax TCPA class action. While this story might sound like it’s...more

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