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Client Representation Rules of Professional Conduct

Winthrop & Weinstine, P.A.

Hennepin County Civil Judges Roundtable: Key Takeaways

In partnership with the Minnesota State Bar Association – Civil Litigation Section, Winthrop recently hosted a lively and educational Roundtable event featuring a distinguished panel of nine members of the Hennepin County...more

Goodell, DeVries, Leech & Dann, LLP

Responding to Bar Counsel Inquiries

I love the “Lawyers Behaving Badly” podcast. The show’s premise is the hosts’ love of professional messes. They excel at finding true stories about dumb lawyers. Each episode has me shaking my head, thinking to myself, “How...more

Hinshaw & Culbertson - Lawyers for the...

Arbitration Clause in Attorney-Client Agreement Deemed Unenforceable Due to Lack of Informed Consent

Bryan Dick-Ipsen v. Humphrey, Farrington & McClain, P.C., et al., 2024 IL App (1st) 241043 - Brief Summary - The First District Appellate Court in Illinois affirmed the trial court's denial of a defendant law firm's motion to...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

Fishman Haygood LLP

Ethical Rules for Using Generative AI in Your Practice

Fishman Haygood LLP on

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

EDRM - Electronic Discovery Reference Model

[Webinar] "My AI Did It!" Is No Excuse for Unethical or Unprofessional Conduct: Consideration of recent case law and ethics...

Consideration of ethical and professional issues raised by Florida attorneys use of AI, including the following: - Florida Bar Ethics Opinion 24-1 (01/19/24). (Copy to be provided for download.) Overview of the opinion...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

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

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

Maynard Nexsen

Civility in Litigation and Navigating Difficult Opposing Counsel

Maynard Nexsen on

You may not have heard the phrase before, but most likely you have encountered a “litigation terrorist” – an attorney who deliberately creates chaos in litigation. This is a growing trend in litigation and can manifest...more

Goodell, DeVries, Leech & Dann, LLP

Legal Ethics: Setting Limits With Your Clients

Last week, the State Bar of California filed an 11 Count Notice of Disciplinary Charges against John Eastman for “legal” services rendered to former President Donald Trump and others promoting the idea that the 2020...more

Hinshaw & Culbertson - Lawyers for the...

Illinois Appellate Court Affirms That Attorney Representing a Closely Held Business Does Not Owe a Duty to its Managing Member

An appellate court in Illinois declined to expand the scope of the third-party beneficiary theory espoused in Pelham v. Griesheimer, 92 Ill.2d 13 (1982) and affirmed summary judgment in favor of the law firm and its partners....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

Mintz

Ohio State Board of Professional Conduct Says Lawyers Can Hold Crypto in Escrow

Mintz on

Get those cold storage crypto wallets ready, Ohio lawyers! The Ohio Board of Professional Conduct issued an advisory opinion allowing lawyers to accept and hold cryptocurrency in escrow when related to the representation of a...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

Hinshaw & Culbertson - Lawyers for the...

California Court: Attorney's Failure to Cite Known Adverse Authority Violated Duty of Candor To Court

Brief Summary - A California appellate court held that it is a violation of the duty of candor for an attorney to prosecute an appeal while failing to cite known authority that the court has no jurisdiction to entertain...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Lawyers, Don't Be Willfully Blind to Suspected Client Fraudulent Conduct – Lawyers' Lawyer Newsletter

It's one of the most gut-wrenching events in a lawyer's practice when they suspect the client is lying about the facts to cover up fraudulent or criminal activity. The client may be hiding liabilities when applying for a loan...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

Greenberg Glusker LLP

[Webinar] The Rules of Professional Conduct: Protecting Your Client and Yourself - January 24th, 10:00 am - 11:00 am PST

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This presentation will provide an overview of the California Rules of Professional Responsibility, as reenacted in 2018, and related California statutes, focusing on the Lawyer-Client Relationship, the lawyer’s role as...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

Smith Anderson

Lawyers May Simultaneously Represent a Corporation and Its Directors Against Derivative Claims That Do Not Allege “Serious...

Smith Anderson on

In a case of first impression in North Carolina, a judge for the North Carolina Business Court was recently asked to decide whether a single law firm may simultaneously represent both a corporation and its individual...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

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

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