News & Analysis as of

Rules of Professional Conduct Ethics

Womble Bond Dickinson

Litigation Funding: The Good, The Bad, The Future

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Third party litigation funding is the process where third party funders provide money to a plaintiff or to plaintiff’s counsel in exchange for a cut of the proceeds resulting from the underlying litigation or settlement....more

Fishman Haygood LLP

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

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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

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

Marshall Dennehey

New Changes to Pennsylvania Attorney Advertising Rules Prohibit Text Messages to Solicit Prospective Clients

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In October 2024, the Pennsylvania Supreme Court adopted a series of amendments to the Rules of Professional Conduct for legal services communications. The new rule changes, which went into effect on November 14, 2024, are...more

Esquire Deposition Solutions, LLC

New Jersey Weighs New Duty of Technology Competence

New Jersey appears poised to become the next state to explicitly add a duty of technology competence to its professional code of ethics. Proposed revisions to the New Jersey Rules of Professional Conduct would, if adopted,...more

EDRM - Electronic Discovery Reference Model

AI Hallucinations in Court: A Wake-Up Call for the Legal Profession

Despite clear judicial warnings and sanctions, legal professionals continue to submit AI-generated court documents with fabricated content. This disturbing trend, exemplified by cases like Mata v. Avianca, threatens the...more

Esquire Deposition Solutions, LLC

California to Update Court Interpreter Ethics Standards

California courts are readying new standards for court interpreters with most changes focused on ethical behavior during remote and hybrid court proceedings. The proposed revisions to the Professional Standards and Ethics for...more

Wiley Rein LLP

Hiring From the Federal Government: A Top 12 List

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With the change of Presidential Administrations and with a new Congress, many current federal government officials and employees – whether elected, appointed, or hired – are exploring employment opportunities in the private...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

Fishman Haygood LLP

Ethical Rules for Using Generative AI in Your Practice

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At the risk of stating the obvious, we are still in the early days of what we believe to be an “AI Revolution” in the way that goods and services, including legal services, are and will be provided. That means that we do not,...more

Esquire Deposition Solutions, LLC

Actionable Advice When Sharing Client Data with Vendors

We’ve previously written on the need for law firms to scrutinize the data security protections in place at all third-party vendors who have access to client confidential information. Clearly, that’s still good advice....more

Marshall Dennehey

New ABA Formal Ethics Opinion on Attorney Office Sharing Arrangements

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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

Dickinson Wright

Bullying and Legal Ethics: A Warning from Singh v Braich

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In the legal world, mutual respect between counsel and adherence to professional standards are not just niceties – they are the cornerstone of a functional and effective justice system. A recent case, Singh v Braich, provides...more

Esquire Deposition Solutions, LLC

Keeping Deposition Transcripts Confidential in the Internet Age

Deposition transcripts, like other pretrial discovery materials, do not become public records until they’re filed with the court. Before they are filed with the court, they routinely dwell in obscurity, shielded from public...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

Moore & Van Allen PLLC

Attorneys Should Have An Ethical Duty To Advance DEI

Following the murder of George Floyd in 2020, companies increasingly began performing racial equity and civil rights assessments to measure company performance in terms of achieving goals related to social justice and...more

Copo Strategies + Law Firm Editorial Service

The ethics of lawyers using ghostwriters to write marketing content

Unless their local jurisdiction says otherwise, a lawyer’s ghostwritten marketing content is likely to pass ethical muster if they are involved in the drafting process....more

UB Greensfelder LLP

Ohio Board of Professional Conduct Advises on Conflicts Involving Part-Time Prosecutors and Judges

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In some Ohio counties and municipalities, prosecutors and judges are permitted to serve in part-time roles. In such circumstances, the representation of clients in the part-time judge’s or part-time prosecutor’s private...more

UB Greensfelder LLP

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

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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

Faegre Drinker Biddle & Reath LLP

New Jersey Ethics Committee: Beware Marketers that “Lead” to Ethics Violations

Increasingly popular online “lead generation” services offering to connect attorneys with potential mass tort plaintiffs may expose counsel to ethics violations, the New Jersey Advisory Committee on Professional Conduct...more

Esquire Deposition Solutions, LLC

Lawyers, Be Tough Customers When Purchasing Technology

Lawyers, ask yourselves:  Can I ethically connect my work laptop computer to an unsecured public Wi-Fi network? What data security measures are in place at the technology vendors that store and process my clients’...more

Zuckerman Spaeder LLP

Employment and Ethics Obligations for Departing Attorneys: Checking in on a Pending Case

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Many ethics attorneys were intrigued by media reports of a complaint filed in February by Elliott Greenleaf, P.C. against four firm shareholder-attorneys and a paralegal who left the firm’s Wilmington office to join Armstrong...more

Lighthouse

eDiscovery, Ethics, and the Case for AI

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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

Epstein Becker & Green

The Ethics of “Reply All”

Should I click “Reply All”? Did I accidentally click “Reply All”? These thoughts have run through almost every person’s head when responding to an email that contained numerous other individuals besides the sender. The Reply...more

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