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Rules of Professional Conduct Client Representation American Bar Association (ABA)

Fishman Haygood LLP

ABA Issues Formal Opinion for Lawyers Advising Organizational Clients Where Constituents Might Have Conflicts of Interests or Be...

Fishman Haygood LLP on

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility recently issued Formal Opinion 514 regarding a lawyer’s obligations when advising organizational clients. Under such...more

Legal Internet Solutions Inc.

Gen AI and Attorney Ethics: A State-by-State Roundup

Be cautious, be curious, be vigilant, and be brave. Those were the words of the New York State Bar Association’s Task Force on Artificial Intelligence. It is good advice. GenAI is here and lawyers need to understand its...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

Hinshaw & Culbertson - Lawyers' Lawyer...

Rules of Engagement: Setting the Proper Scope of Representation to Protect the Client and the Lawyer

Ideally, the attorney-client relationship begins once a signed written engagement agreement is in place, which clearly outlines the clients who will be represented and the agreed scope of legal services. A properly drafted...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

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

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

Pullman & Comley, LLC

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

Pullman & Comley, LLC on

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

Downey Brand LLP

Final Ethics Opinion Guides Lawyers on Clients with Diminished Capacity

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We wrote last July about a draft California ethics opinion regarding clients who may have diminished mental capacity. After receiving public comment, the State Bar’s Standing Committee on Professional Responsibility and...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

Womble Bond Dickinson

You Make a Mistake. Should You Continue to Represent the Client?

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“To err is human, to forgive, divine.” But how many of us have godlike clients? At some point in their careers, most lawyers will make a mistake, whether trivial or significant in terms of the representation or the outcome of...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

Conn Kavanaugh

ABA Provides Ethical Guidance for Responding to Online Criticism

Conn Kavanaugh on

The American Bar Association recently issued a formal opinion providing attorneys with helpful guidance regarding whether, and how, to respond to online criticism: Formal Ethics Opinion 496, Responding to Online Criticism...more

Downey Brand LLP

Ethics Opinion Guides Lawyers on Counseling Clients with Diminished Capacity

Downey Brand LLP on

What are the ethical obligations of a California lawyer for a client with diminished mental capacity? The ethics committee of the State Bar of California answers this key question in draft Formal Opinion No. 13-0002, with...more

Lighthouse

eDiscovery, Ethics, and the Case for AI

Lighthouse on

Ever since ABA Model Rule of Professional Conduct 1.1 was modified in 2012 to include an ethical obligation for attorneys to “keep abreast of changes in the law and its practice, including the benefits and risks associated...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

Conn Kavanaugh

ABA reminds us to play nice when lawyers leave

Conn Kavanaugh on

Monday morning for a firm’s managing partner brings a request from one of his partners for a sit-down. This is followed by an announcement from the partner that she is leaving the firm to open the Boston office of a larger...more

McDermott Will & Emery

Tax Court Announces Limited Entries of Appearance

McDermott Will & Emery on

The concept of limited scope representation is not a new one in the legal arena. Rule 1.2(c) of the ABA Model Rules of Professional Conduct provides that “A lawyer may limit the scope of the representation if the limitation...more

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