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American Bar Association (ABA) Rules of Professional Conduct Client Services

Stange Law Firm, PC

Ensuring competence, diligence, and communication

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Having a plentiful number of clients in a law firm is vital. To attract new clients, law firms must have a successful marketing plan. It is also crucial to make as many clients as possible happy to ensure they refer others to...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

Esquire Deposition Solutions, LLC

Can Insurers Dictate How the Insured’s Deposition Will be Conducted?

This blog post is the third in a series on common ethical challenges that arise while preparing for and conducting depositions. Insurers and large corporate legal departments are sophisticated consumers of legal services, but...more

Esquire Deposition Solutions, LLC

Will AI Deposition Assistants Be Ethical?

By now most lawyers are familiar with the story of DoNotPay, the company that promised to provide a traffic offense defendant with a “robot lawyer” to fight the ticket in court. The plan went like this: The defendant would be...more

Hinshaw & Culbertson - Lawyers' Lawyer...

A Multistate Analysis of the Ethical Rules Governing Attorneys Working Remotely

The COVID-19 pandemic, along with government stay-at-home orders, required millions of professionals to work from home, including attorneys. However, as the pandemic comes to an end, many attorneys wish to continue to work...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

Nextpoint, Inc.

Technology Competence for Lawyers: Ignorance Is No Excuse

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Technology can be a curse or a comfort for lawyers. It promises to make you more efficient, but who has the time to learn it all? (And doesn’t that take away from the sacred billable hour?) Integrating the right tools...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' Lawyer...

Lawyers' Lawyer Newsletter – Recent Developments in Risk Management - Halloween 2021

Before you pack up your pumpkin-spiced lattes and bring out your Holiday decorations, we have a ghoulish edition of the Lawyers' Lawyer Newsletter for you. We start with some Tricks for effective communication. Spoiler alert...more

Cozen O'Connor

Is it Time to Remove “Zeal” From the ABA Model Rules of Professional Conduct?

Cozen O'Connor on

[co-author: Stephanie K. Benecchi] Why the term “zeal” as used in the ABA Model Rules is misleading and potentially harmful, and why its removal will result in rules that clearly set out a lawyer’s ethical obligations...more

Cozen O'Connor

Conversation vs. Correspondence: New Jersey Ethics Opinion Goes Its Own Way on “Implied Consent”

Cozen O'Connor on

A new ethics opinion from New Jersey turns the concept of “implied consent” under ABA Model Rule 4.2 on its head. The March 10, 2021 Ethics Opinion from New Jersey - A recent opinion from the New Jersey Advisory Committee...more

Lighthouse

Overcoming eDiscovery Trepidation - Part I: The Challenge

Lighthouse on

In this two-part series, I interview Gordon J. Calhoun, Esq. of Lewis Brisbois Bisgaard & Smith LLP about his thoughts on the state of ediscovery within law firms today, including lessons learned and best practices to help...more

Fox Rothschild LLP

USPTO Issues Warning To U.S. Attorneys Not To Aid Others In Circumventing The U.S. Counsel Rule

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Yesterday, the USPTO issued an alert regarding emails that U.S. attorneys have been receiving from unlicensed persons offering to pay attorneys in exchange for use of the attorneys’ bar credentials in trademark filings. The...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

Freeman Law

What are Common Ethical Issues in Tax Practice?

Freeman Law on

The nature of tax practice presents a number of unique ethical issues. Tax practice requires compliance with multiple ethical frameworks. This creates ambiguities and raises complex questions. Courts have even questioned...more

Esquire Deposition Solutions, LLC

When COVID-19 Meets the Litigator's Office

COVID-19, an enduring public health challenge that stretches across the world, raises interesting legal ethics issues for lawyers. Ethical considerations while practicing law during the COVID-19 epidemic have been written...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

Rumberger | Kirk

Are You Willing to Bet Your Law License on That Client?

Rumberger | Kirk on

A summary of ABA Formal Opinion 491 - The American Bar Association issued Formal Opinion 491 on April 29, 2020. The opinion provides guidance on a lawyer’s duties regarding a client’s potentially criminal or fraudulent...more

Association of Certified E-Discovery...

Ethics Violations and the Rise of eDiscovery Technology

A Federal Court judge recently told me that when he asked the lawyer about the ESI (Electronically Stored Information) in his matter, the lawyer replied there wasn’t any. When the judge asked if there were going to be any...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

Holland & Knight LLP

ABA Explains When a Lawyer Must Tell a Client About a Mistake by the Lawyer

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• The American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility recently released Formal Opinion 481 addresses the question when a lawyer who has made a mistake must tell the client about...more

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