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Attorney Misconduct Rules of Professional Conduct

Marshall Dennehey

Law Firm Breakups

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Law firm breakups are fraught with the potential for attorney misconduct. Attorneys who determine they can no longer work together will often take the additional step of accusing one another of inappropriate conduct....more

Hinshaw & Culbertson - Lawyers for the...

Massachusetts Court Applies Litigation Privilege to Dismiss Claims Against Attorney Accused of Fraudulent Activity During Trial

Plaintiffs in the case were creditors of William von Thaden, who was married to Kimberly von Thaden until their divorce in 2017. The defendant, Michael I. Flores (defendant), represented Kimberly in the underlying divorce...more

Butler Snow LLP

A Primer on the Texas Bar Disciplinary System | Seana Willing | Texas Appellate Law Podcast

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The Texas Bar is a self-regulating entity—it handles attorney discipline through a unique procedural process. Although most attorneys steer clear of professional discipline, it’s important for practitioners to know about the...more

Conn Kavanaugh

Massachusetts Proposes Amendments to Rules of Professional Conduct

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The Supreme Judicial Court Standing Advisory Committee on the Rules of Professional Conduct has solicited comments on proposed amendments to the Rules that will have a broad impact on lawyers’ ethical obligations. The...more

Carlton Fields

When Terminated Employees Steal: Cases of Purloined Company Documents

Carlton Fields on

An employee is terminated, her laptop and phone seized. As she is escorted from the premises, Human Resources instructs her, in no uncertain terms, about company information: All internal company emails and other business...more

Sands Anderson PC

Fairness in the Adversary Process (Part Two): Lawyers and False Statements of Law to the Court

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Can we all agree that it is unfair to provide intentionally a judge with the wrong legal authority? Indeed, the Virginia Rules of Professional Conduct mandate that a “lawyer shall not knowingly . . . make a false statement of...more

Sands Anderson PC

Fairness in the Adversary Process (Part One): Lawyers and the Discovery of the Truth

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Our adversarial legal system contemplates that each party will have the opportunity to fully investigate the facts of a dispute and bring to the attention of the trier of fact those facts most favorable to its position. This...more

Sands Anderson PC

Survey of Discipline of Practitioners by the USPTO in 2018

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Practitioners before the United States Patent & Trademark Office (USPTO) must comply with the USPTO Rules of Professional Conduct, 37 C.F.R. §§ 11.10, et seq. Within the USPTO, the Office of Enrollment and Discipline is...more

Michigan Auto Law

How to fire a lawyer

Michigan Auto Law on

Knowing how to fire a lawyer may be one of the most important things that a car accident or personal injury victim can learn. People go to lawyers for help. But sometimes people go to the wrong lawyer....more

Esquire Deposition Solutions, LLC

Rule 8.4 Amendment Causes Legal Disagreements

A New Resolution Considers Personal Conduct The Model Rules exist to ensure lawyers have a thorough understanding of the legal system and operate justly within its parameters. But the standard of ethics by which lawyers...more

Nelson Mullins Riley & Scarborough LLP

What Not To Do In The Courthouse

As an officer of the court every attorney is held accountable to the standards set forth in the Rules of Professional Conduct. In bankruptcy court, attorneys are held to additional standards set forth in local bankruptcy law....more

Michigan Auto Law

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

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

Proskauer - Minding Your Business

Lawyers Beware: Sending Native File Documents to Third Parties May Violate Your Ethical Obligations

The rules governing discovery of electronically stored information, though not fully developed, have matured enough to provide the basic “do’s and don’ts” for attorneys. Frequently, a party must produce electronic documents,...more

Skadden, Arps, Slate, Meagher & Flom LLP

'Ostrich' Theory Enforces Ill-Defined Duty to Investigate Clients' Conduct

In recent years, the application of a “conscious avoidance” or “willful blindness” theory as the basis of attorneys’ liability for clients’ criminal conduct has been on the rise. In principle, this standard — commonly...more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - June 2016

Disqualification — Substantially Related Matters — Waiver of Conflict by Lack of Diligence in Seeking Disqualification - State of Minnesota, et al v. 3M Company, Hennepin County (Minn.), Court File No. 27-CV-10-28862...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19436 - Miller v. Appellate Court - When the appellant’s attorney kept missing deadlines and failed to comply with other Appellate Court rules in four pending appeals, one...more

Hinshaw & Culbertson LLP

More Changes Ahead to the Rules of Professional Conduct?

Rule 8.4 of the Model Rules of Professional Conduct is a bit of a catch-all. In general terms, it prohibits "lawyer misconduct." Even more ambiguous, Rule 8.4(d) prohibits "conduct prejudicial to the administration of...more

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