News & Analysis as of

Ethics Professional Liability

Hinshaw & Culbertson - Lawyers' Lawyer...

So, You Made a Mistake. Do You Need to Tell Your Client?

Consider the following hypothetical. A corporate client hires a lawyer in connection with purchasing a controlling interest in an LLC. The lawyer structures the deal to lower the client's tax liability based on his assumption...more

Miles Mediation & Arbitration

To Lie or Not to Lie: That Is the Question

In a recent mediation, it became clear to me that one of the lawyers was not being forthright with the facts. He kept claiming that he had information that would have a major negative impact on the other side’s case. However,...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)

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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

Charles E. Rounds, Jr. - Suffolk University...

When Hostilities Break Out Between Co-trustees, Where Does That Leave Trust Counsel?

When hostilities break out between individual co-trustees, incumbent trust counsel faces a representation conundrum. In §8.8 of Loring and Rounds: A Trustee’s Handbook (2025), see appendix below, we grapple with the...more

Jackson Walker

Texas Supreme Court Clarifies Limits on Business Fiduciary Duties

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On February 21, 2025, the Supreme Court of Texas delivered a significant ruling in the case of Pitts v. Rivas, addressing the issue of fiduciary duties within professional relationships. The Court concluded that no fiduciary...more

Goodell, DeVries, Leech & Dann, LLP

Legal Ethics: A More Civil Way to Practice Law

My new favorite judge is The Honorable R. David Proctor, chief U.S. district judge for the Northern District of Alabama. I love his Nov. 26, 2024 order granting an Opposed Motion Extension of Time to respond to a complaint....more

Downey Brand LLP

Grossman v. Wakeman, Ethical Dilemmas, and What We Owe Our Clients

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The California Courts of Appeal are typically pretty stingy with their published opinions – only about 10% of Court of Appeal decisions are published in the Official Reports.  And per Rule 8.1105 of the California Rules of...more

BakerHostetler

SEC Approves PCAOB’s Rule Expanding Contributory Liability

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For nearly two decades since its enactment in 2005, PCAOB Rule 3502 prohibited any “person associated with a registered public accounting” firm from taking or omitting to take an action knowingly or recklessly in a way that...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

Conn Kavanaugh

Improper Coaching in Remote Depositions

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“He’s going to tell the truth. The truth is very, you know, complicated. So we went over it carefully, and just not to leave anything up to chance . . . . or Michael’s judgment.” Fans of the NBC sitcom, the Office, might...more

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - June 27th - 28th, Philadelphia, PA

Hosted by the American Conference Institute, the 21st Annual Advanced Forum on Obstetric Malpractice Claims returns in June with curated content that will ensure that you stay current on the evolving standards of care,...more

UB Greensfelder LLP

American Bar Association Advises on Implied Consent to “Reply All” Responses in Electronic Communications with Opposing Counsel...

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Recognizing that, nowadays, most lawyers communicate electronically with their clients, and with lawyers representing other parties, the American Bar Association has provided advice on an important consideration that arises...more

BakerHostetler

The Room Where It Happens: The Autonomy of the Hospital Ethics Committees Post-Dobbs

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Since the issuance of the Dobbs decision, there’s been significant discussion by lawyers, philosophers, healthcare providers and political leaders. The ruling has created uncertainty and confusion for those working in the...more

Conn Kavanaugh

Medication Errors Lead to a Criminal Conviction: What Nurses Should Know about the RaDonda Vaught Verdict

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The case has rocked the medical profession. On March 25, 2022, a Tennessee jury found a former Vanderbilt University Medical Center nurse guilty of criminally negligent homicide and negligent abuse of an impaired adult....more

UB Greensfelder LLP

Ohio Board of Professional Conduct Advises Judges May Provide Letters of Recommendation Under Certain Circumstances

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Ohio judges may provide letters of recommendation for individuals so long as the letters are based on the judges’ personal, firsthand knowledge of the individuals and the letters are not an abuse of the prestige of their...more

American Conference Institute (ACI)

[Virtual Event] 20th Annual Advanced Forum on Obstetric Malpractice Claims - November 18th, 8:45 am - 6:15 pm EST

Virtual Forum on Obstetric Malpractice Claims is taking place on November 18th EST. During this one-of-a-kind event, our unparalleled faculty of claims specialists, risk managers, medical experts – as well as an outstanding...more

Rivkin Radler LLP

Attorneys: Avoid Pitfalls When Responding To Negative Online Reviews

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The rise of social media and online reviews has created a dilemma: How can an attorney respond to a negative review without violating ethical or professional responsibility? Just as many merchants respond to online customer...more

Pullman & Comley, LLC

When Lawyers Depart Their Law Firms: ABA Reminds Departing Lawyers and Their Law Firms of Their Ethical Obligations

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When a lawyer intends to move from one law firm to another, uncertainty and suspicion frequently beset the period of transition between Firm A and Firm B. To bring some clarity to that often fraught situation, the ABA’s...more

Davis Wright Tremaine LLP

Professional and Trade Association Codes of Ethics Can Lead To Antitrust Trouble

Professional and trade associations contribute to the public welfare in many ways, including disseminating information, promoting research, developing standards and spurring industry initiatives. But such associations...more

Cozen O'Connor

Is Honesty Always the Best Policy? Illinois Appellate Court Holds Attorney’s Ethical Obligations Trump Professional Liability...

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In a case of first impression, the Illinois Appellate Court considered whether a professional liability insurer can deny a defense to its insured, an attorney who admits he erred in providing legal services. Ill. State Bar...more

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