News & Analysis as of

Law Practice Management Professional Liability

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

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

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

Hinshaw & Culbertson - Lawyers for the...

New York Federal Judge Declines to Reconsider Decision That Continuous Representation Doctrine Does Not Toll Statute of...

A federal judge for the Southern District of New York declined to reconsider his dismissal of Link Motion's legal malpractice suit against DLA Piper, finding that its motion inappropriately relitigated issues already decided...more

Hinshaw & Culbertson - Lawyers for the...

Law Firm Exonerated Because an Unforeseen Change in a Party's Testimony was the Superseding Cause of the Claimed Malpractice...

A defendant law firm was sued for legal malpractice after failing to obtain summary adjudication of a tortious interference claim against the former client and one of its brokers. The client later had to settle the case when...more

Hinshaw & Culbertson - Lawyers for the...

Federal District Court Holds That Engagement Letter Limited Scope of Law Firm's Duties

The United States District Court for the Northern District of Illinois, Eastern Division, granted defendant law firm's motion to dismiss the complaint filed by plaintiff—Today's Growth Consultant Inc.—a former client of the...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

Hinshaw & Culbertson - Lawyers for the...

When Aggressive Tactics Cross the Line: Illinois ARDC Suspends Lawyer Accused of Sending "Abusive and Aggressive" E-Mails

An attorney practicing in Illinois, Felipe Nery Gomez (respondent), was suspended from the practice of law for three years as a consequence of sending threatening and harassing e-mails in violation of Rules 4.4(a) and 8.4(d)...more

UB Greensfelder LLP

Lawyers are Responsible for Ensuring Effective Communication with Clients when Faced with Language or Other Communication Barriers

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Regardless of communication barriers that various client circumstances may present, lawyers owe their clients the duties of competent representation and effective communication...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

UB Greensfelder LLP

New Opinion Warns Against Practicing Law Under Nationally Franchised Common Trade Name Owned by Non-Lawyers

UB Greensfelder LLP on

On October 1, 2021, the Ohio Board of Professional Conduct (the “Board”) issued Advisory Opinion 2021-10 advising that lawyers may not practice under a common trade name that is franchised nationally. The Board considered an...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

Sands Anderson PC

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

Sands Anderson PC on

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

Conn Kavanaugh

Case Study: Plaintiff Unable to Establish Jurisdiction Over Global Law Firm in Nevada

Conn Kavanaugh on

A recent decision from the U.S. District Court for the District of Nevada highlights the importance of analyzing whether a defendant law firm has a viable jurisdictional defense, even when the law firm has a global footprint....more

Allen Matkins

Law Firm Does Not Purposely Avail Itself Of The "Benefits" Of California As A Forum

Allen Matkins on

The issue of where an attorney is practicing law is a vexing one in light of modern technology which allows attorneys and their clients to be located just about anywhere in the world.  The Covid-19 pandemic has exacerbated...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

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

Pullman & Comley, LLC

ABA Ethics Committee Weighs in on Practicing Law Virtually

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In  Formal Opinion 498, issued on March 10, 2021, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility has provided some guidance on the ethical obligations triggered when a lawyer...more

Hinshaw & Culbertson LLP

[Virtual Event] 20th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 2nd - 4th, 10:00 am - 3:00 pm CT

Please join us for the 20th Annual Legal Malpractice & Risk Management (LMRM) Conference—An All New Virtual Experience for three half-days of practical and engaging online programming focused on current and important...more

Goulston & Storrs PC

Prior Work Conflicts in the Age of COVID-19

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It is always the case that lawyers and law firms must stay attuned to the possibility of prior work conflicts: conflicts of interest that arise when a firm’s interest in protecting its own prior work, or protecting the firm...more

Pullman & Comley, LLC

Law Firm Risk Managers Alert: The Client Engagement Letter and the Dangers Of the “Accidental” Client

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A recent legal malpractice decision from the United States Court of Appeals for the Sixth Circuit provides a stark cautionary tale about the dangers for a law firm when the firm either neglects to send an engagement letter at...more

Harris Beach Murtha PLLC

The ABA Says Lawyers Have Obligations Before and After a Data Breach

In the age of the data breach, lawyers and law firms have a lot in common with comic book superheroes: they are locked in a relentless battle against a cunning, ever-changing threat. This past week, Foley & Lardner...more

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