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Law Firm Associates Rules of Professional Conduct American Bar Association (ABA)

(ACOEL) | American College of Environmental...

Climate-Competent Lawyering

It is becoming increasingly difficult to practice law without some knowledge of climate change as well as the law related to climate change. Irma Russell, Matt Bogoshian, and I recently published an article making the case...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

Woods Rogers

I’m So Lost: Navigating the Labyrinth of Legal Ethics, Professionalism, and Civility to Improve Understanding, Avoid Discipline,...

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Lawyers are members of a learned and honorable profession, subject to legal ethics rules, and encouraged to be civil as they practice their craft. These fundamental concepts—legal ethics, professionalism, and civility—were...more

UB Greensfelder LLP

ABA Offers Opinion Explaining the Choice-of-Law Analysis in the Model Rules of Professional Conduct

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In Formal Opinion 504, the ABA Standing Committee on Ethics and Professional Responsibility sought to clarify ABA Model Rule 8.5’s choice-of-law provision. The Opinion provides an overview of Rule 8.5, and illustrates the...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

Sands Anderson PC

Legal Ethics Update: The Virginia Supreme Court Approves Practice of “Replying All” in Email Communications that Includes...

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Many lawyers have confronted the irksome practice of opposing counsel sending emails containing half-truths such as...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

Sands Anderson PC

Legal Ethics: In-House Counsel and Sex with the Corporate “Client”

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On July 21, 2021, the Supreme Court of Virginia rejected without comment a proposed amendment to Rule 1.8, which governs “prohibited transactions.” Specifically, Rule 1.8(k), as proposed, would have provided that: “A lawyer...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

Conn Kavanaugh

Lawyer impairment in the age of remote work

Conn Kavanaugh on

In response to the coronavirus pandemic, most lawyers spent at least several months working at home. Law firms are now opening back up, but many anticipate allowing their lawyers to continue to work at home at least some days...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

Conn Kavanaugh

Lawyer Impairment: What Is A Law Firm To Do?

Conn Kavanaugh on

In response to the coronavirus pandemic, many law firms implemented remote work systems. While this move was made to protect the physical health of law firm employees, it has made it more difficult to recognize and assess...more

Conn Kavanaugh

ABA Provides Ethical Guidance for Virtual and Remote Practice of Law

Conn Kavanaugh on

Over the past year, as attorneys increasingly have turned to out-of-office and out-of-courtroom work during the COVID-19 pandemic, ethical concerns specific to this operational format have come to the forefront. The American...more

Conn Kavanaugh

Massachusetts Proposes Amendments to Rules of Professional Conduct

Conn Kavanaugh on

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

Association of Certified E-Discovery...

One Ethics Rule Leads to Another: Technology Competence and the Duty of Supervision

There are two ways lawyers can satisfy their ethical duty of technology competence. One way is by learning about technology and becoming more proficient in the use of legal tech tools. The other is by working in association...more

Association of Certified E-Discovery...

Beyond Competence: Technology and the Duties of Candor and Fairness in Litigation

Technology competence is an ethical requirement in more than 40 states. Beyond Rule 1 Competence, knowing technology helps lawyers comply with the duty of confidentiality and other rules of professional conduct. For...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

Rivkin Radler LLP

Pandemic Prompts Focus on Courtroom Civility

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COVID-19 has sent litigation into a tailspin, with court closings and moratoriums on filings leaving attorneys scrambling to figure out how to balance their obligations to their clients to keep cases moving with the obstacles...more

Fisher Phillips

Attorneys Must Consider Ethical Obligations Associated with a Data Breach

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Most attorneys are well aware of statutory obligations that require private and governmental entities to notify individuals of data breaches that involve the loss or disclosure of personally identifiable information. An area...more

Holland & Knight LLP

New York City Bar Opinion on Commercial Litigation Funding Raises Concerns - But It Also Suggests a Way Forward

Holland & Knight LLP on

• The New York City Bar Association's Professional Ethics Committee recently issued advisory (i.e., not legally binding) Opinion 2018-5 (Opinion), which concludes that nonrecourse commercial litigation funding agreements...more

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