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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
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
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
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
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
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
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
Many lawyers have confronted the irksome practice of opposing counsel sending emails containing half-truths such as...more
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
Regardless of communication barriers that various client circumstances may present, lawyers owe their clients the duties of competent representation and effective communication...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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