News & Analysis as of

Rules of Professional Conduct

ABA Provides Guidance on Required Disclosure of Attorney Errors

On April 17th, the American Bar Association provided a formal opinion regarding the requirement that attorneys disclose errors to clients. Its opinion was based on Rule 1.4 of the Model Rules of Professional Conduct, which...more

ABA Explains When a Lawyer Must Tell a Client About a Mistake by the Lawyer

by Holland & Knight LLP on

• The American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility recently released Formal Opinion 481 addresses the question when a lawyer who has made a mistake must tell the client about...more

Attorney Client Privilege is Not Dead – At Least Not in Pennsylvania

by Tucker Arensberg, P.C. on

Confidential information that you give to your attorney is still protected in Pennsylvania. The duty to keep your information confidential is known as the attorney-client privilege. The duty is called a “privilege” because it...more

Seventh Circuit Disqualifies Conflicted Counsel

by Foley & Lardner LLP on

It’s not often that a court disqualifies one of the lawyers who appears before it. That’s what makes the Seventh Circuit’s recent decision in Doe v. Nielsen, No. 17-2040 (7th Cir. Feb. 26, 2018), one for the history books....more

Ethical Obligations and Blogging: ABA Opinion Serves as Reminder

by Morgan Lewis on

The American Bar Association’s Standing Committee on Ethics and Professional Responsibility (ABA Committee) issued Formal Opinion 480 on March 6, titled, “Confidentiality Obligations for Lawyer Blogging and Other Public...more

Conflicts 101: Identifying and Handling Conflicts

by Dentons on

By combining a knowledge of the legal requirements with practical considerations, attorneys can help ensure that they don’t get into hot water over conflicts issues....more

ABA Ethics Opinion Clarifies Confidentiality Duties To A Former Client

by Pullman & Comley, LLC on

One of the most commonly misunderstood terms in the Rules of Professional Conduct is contained in the admonition of Rule 1.9(c)(1) (“Duties to Former Clients”) that a lawyer may not “use information relating to the...more

Tips for Handling a Call from the FBI

by Dentons on

For many attorneys, interaction with the FBI and other law enforcement agencies is a completely foreign concept. Many general litigators and corporate attorneys have little to no professional experience with federal...more

Restrictive Covenants Place In-House Attorneys in a Real Predicament – But Are They Enforceable?

by Fisher Phillips on

Employers enter into restrictive covenants with members of their workforce to protect their trade secrets and confidential information, particularly with employees who have access to such information. As in-house counsel...more

Ethical Issues in Using Social Media

by Epiq on

Why should lawyers care about social media, and whether they are using it ethically? Obviously, lawyers should be concerned about compliance with ethical requirements in everything they do, but there may be some hidden...more

Five tips for law firm associates in complying with their professional duties - Associates may sometimes feel that they serve two...

by Dentons on

Associates in law firms have a unique role. Sometimes, they bear the laboring oar of completing legal services under the direction and supervision of partners and other senior attorneys. Associates are often at a point in...more

Representing Celebrities or Not, Lawyers Should Consider These Issues of Confidential Settlements

by Dentons on

Confidentiality clauses—discussed in news reports of recent celebrity sex harassment scandals—have become a standard provision for parties entering settlement agreements. Attorneys routinely advise clients on the pros and...more

Ambulance chasing insurance claims adjusters

by Michigan Auto Law on

Laws protecting injured car accident victims in Michigan from ambulance chasing personal injury lawyers should also protect people from the claims adjusters who prey on the unsophisticated after a crash; settling cases for...more

“This is Your Flight Attendant Speaking . . .”

by LeClairRyan on

Flight attendants play a vital role in commercial air transportation. Not only do they help facilitate travel, they also serve a critical function in the event of an emergency. In addition, according to a new ruling from...more

Exploring Legal Malpractice Exposure Faced by Law Firms and Lawyers from Use of Technology

by Reminger Co., LPA on

The relationship between technology and the practice of law is a paradox at best. Computers, tablets, cell phones, and other forms of technology provide an enormous benefit by permitting the creation, storage, transmission...more

Three Tips for Addressing Harassment and Discrimination in Law Firms

by Dentons on

As the national headlines in recent weeks make clear, no industry is free from allegations of sexual harassment and discrimination. In the legal field, a number of recent high-profile lawsuits have alleged discrimination by...more

When It Comes to Pretrial Publicity, Should Lawyers Let Their Clients Do the Talking?

When it overturned a federal court’s order suppressing a litigant’s right to publicly gripe about a pending suit late last month, the Ninth Circuit took the opportunity to remind those of us in the legal profession that we...more

Three Key Things to Consider on Motions to Disqualify

by Dentons on

While some motions to disqualify are nothing more than a litigation tactic, others raise legitimate questions regarding the ethical obligations owed by the attorney and her or his law firm to former clients....more

Rules of Professional Conduct Applying to Latin American Attorneys

by Zelle LLP on

International insurers and reinsurers are likely to retain legal services from local attorneys in 29 Latin American countries. Consumers of legal services in Latin America often question whether the rules of professional...more

Certified Financial Planner Board Proposes Fiduciary Obligations for All CFP Financial Advice

by Carlton Fields on

In June, the Certified Financial Planner (CFP) Board released proposed revisions to its standards of professional conduct that would require CFPs to adhere to a fiduciary standard at all times when providing any "financial...more

Ruling Elevates Conflicts Considerations in Insurance/Tripartite Relationship Cases - After Washington Supreme Court Decision,...

by Holland & Knight LLP on

• Relationships between insurer, insured and insurer-appointed defense counsel – also known as the "tripartite relationship" – have long been recognized as a potential source of conflicts of interest. By a 5-4 majority in...more

Nebraska is the Twenty Eighth State to Adopt Duty of Technology Competence: eDiscovery Trends

by CloudNine on

One of my favorite legal blogs is the LawSites blog by Bob Ambrogi. Bob is a prolific blogger who writes several posts a week, not only on his LawSites blog, but also on MediaLaw, and he co-authors Law.com’s Legal Blog...more

FREEP exposes more auto accident attorney kickbacks, No-Fault fraud

by Michigan Auto Law on

Will newest allegations finally get Michigan Attorney Grievance Commission to look into auto accident attorney fraud, kickbacks and illegal solicitation of auto accident victims in Detroit?...more

Collecting Information Through Deception Should Not Be Undertaken Lightly

by Burns & Levinson LLP on

While Rules 4.1(a) and 8.4(c) of the Massachusetts Rules of Professional Conduct prohibit attorneys from making false statements to third parties and/or engaging in conduct that is dishonest, fraudulent or involves...more

Three Reasons to Break Up With a Client

by Dentons on

Knowing when to end an attorney-client relationship is fraught with trepidation, especially when it becomes obvious that the relationship is on a troublesome path. It should therefore come as no surprise that withdrawing from...more

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