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Rules of Professional Conduct

Esquire Deposition Solutions, LLC

District of Columbia Adopts Duty of Technology Competence

The ethical duty of technology competence officially arrived in nation’s capital April 7, when the District of Columbia Court of Appeals formally approved revisions to its rules of professional conduct that identify...more

Marshall Dennehey

Pennsylvania Supreme Court Clarifies Clear and Convincing Standard in Attorney Disciplinary Cases

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In the recent disciplinary matter of ODC v. Anonymous, 2025 WL 524221 (Pa. Feb. 12, 2025), the Pennsylvania Supreme Court established the standard applicable to attorney disciplinary matters, expressly holding that the...more

Womble Bond Dickinson

Litigation Funding: The Good, The Bad, The Future

Womble Bond Dickinson on

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

Carr Maloney P.C.

“Earned Upon Receipt” for Attorney Fee Arrangements Is Ending in Maryland - Effective July 2025

Carr Maloney P.C. on

Effective July 1, 2025, attorneys practicing law in Maryland may no longer state that their fees are “earned upon receipt” in their engagement agreements. Under the new, amended Rule 19-301.15, “[a]n attorney shall deposit...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

Law School Toolbox

Bar Exam Toolbox Podcast Episode 301: Listen and Learn -- Professional Responsibility: Fee Agreements

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Welcome back to the Bar Exam Toolbox podcast! In this episode of our "Listen and Learn" series, we're focusing on a topic from professional responsibility - namely, lawyer fee agreements. These are governed by Rule 1.5 of...more

Marshall Dennehey

Legal Updates for Lawyers’ Professional Liability - Case Law Update

Marshall Dennehey on

An attorney cannot be liable for failing act outside the scope of the retainer agreement. Kohler v. Polsky, 219 AD3d 821, 822 (2d Dept 2023) - The plaintiff had retained the defendant-attorney for representation in a workers’...more

Marshall Dennehey

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

Marshall Dennehey on

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

Robinson+Cole Data Privacy + Security Insider

Illinois Supreme Court Announces Policy on Artificial Intelligence

Last year, the Illinois Judicial Conference Task Force on Artificial Intelligence (IJC) was created to develop recommendations for how the Illinois Judicial Branch should regulate and use artificial intelligence (AI) in the...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

Baker Botts L.L.P.

Trust, But Verify: Avoiding the Perils of AI Hallucinations in Court

Baker Botts L.L.P. on

The rise of generative Artificial Intelligence (AI) presents lawyers with powerful tools and tactical advantages to streamline many aspects of their practice. AI helps lawyers provide more efficient, effective legal services...more

Harris Beach Murtha PLLC

Uber’s Process for Obtaining Consent to Arbitration Upheld in NY Court

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Addressing for the first time the validity of an arbitration agreement entered via an e-commerce application, the New York Court of Appeals recently held in Wu v Uber Technologies, Inc. that the email notification and...more

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

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

Wiley Rein LLP on

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

How Not to Defend a Deposition

A fair reading of the facts set out in Phillips Auctioneers LLC v Grosso, 2024 NY Slip Op 33906 (N.Y. Sup. Ct., N.Y. Cty., Oct. 31, 2024), a contract dispute, suggests that both the witness and his attorney were determined to...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

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

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

Tannenbaum Helpern Syracuse & Hirschtritt LLP

A Judge Wants a Lawyer To Brief Him on a Topic Outside the Courtroom: Is That Ethical?

I am a lawyer at a well-known criminal defense firm. I often write articles in legal journals and am quoted as an expert in criminal law in various notable news publications. Recently, while moderating a CLE program about the...more

Miles Mediation & Arbitration

Top 10 Tips to Help Avoid Trouble

As an attorney and mediator who specializes in professional liability cases and issues affecting lawyers and their firms, I’ve learned that while the fact patterns and circumstances of every case are different, even the best...more

(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

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

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