News & Analysis as of

Rules of Professional Conduct

Baker Botts L.L.P.

An Attorney's Ethical Obligations to the Client in Third-Party Funded Litigation

Baker Botts L.L.P. on

The landscape of legal practice has significantly changed due to the proliferation of third-party litigation funding, a financial mechanism that provides capital to plaintiffs, including patent owners, in exchange for an...more

Carr Maloney P.C.

Carr Maloney Attorney Kelsey Publishes Article in the Maryland Bar Journal

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 engagement agreements. Instead, under the amended Rule 19-301.15, legal fees and expenses paid in...more

Law School Toolbox

Law School Toolbox Podcast Episode 517: Teaching AI in Law School (w/Megan Hutchinson and Nicole Phillips)

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! Today Alison is speaking with USF law professors Megan Hutchinson and Nicole Phillips about how they are teaching law students to use AI responsibly -- emphasizing ethical,...more

Herbert Smith Freehills Kramer

Clouds Over Blue Sky: High Court Limits Solicitors’ CFOs

On 6 August 2025 the High Court of Australia (High Court) unanimously held that at the time of settlement or judgment in a class action, the Federal Court of Australia (Federal Court) does not have the power to grant a...more

McGuireWoods LLP

Of Course Claiming “Ineffective Assistance of Counsel” Waives Privilege Protection, But …

McGuireWoods LLP on

Since lawyers draft their own ethics rules, they unsurprisingly include provisions allowing them to disclose client confidences to defend themselves from clients’ (and even third parties’) attacks. A paradigmatic example...more

BakerHostetler

Navigating the Ethical Minefield: Lawyers, AI and the Duty of Competence

BakerHostetler on

Last month, I had the privilege of speaking at the American Council of Life Insurers Annual Compliance & Legal Conference in New Orleans. I was tasked with presenting an hour on legal ethics, which isn’t always the most...more

Clark Hill PLC

Doing the right thing: Playing fair with the involuntary pro se litigant

Clark Hill PLC on

Abraham Lincoln once famously said that “He who represents himself has a fool for a client.” While this statement has been demonstrated to be true more often than not, what happens when (1) the pro se representation is not...more

Goldberg Segalla

When Lawyers Can Speak: Self-Defense Exception to Confidentiality

Goldberg Segalla on

Under Rule 1.6(c)(4) of the Pennsylvania Rules of Professional Conduct — and similar rules in many states — a lawyer may disclose confidential client information “to the extent the lawyer reasonably believes necessary” to...more

Marshall Dennehey

The Nature of Attorney Disciplinary Proceedings

Marshall Dennehey on

Key Points: The Pennsylvania Supreme Court has clarified that the standard of proof required for a finding of attorney misconduct is “clear and convincing evidence.” Attorney disciplinary matters “are in the nature of...more

Paul Hastings LLP

Texas Ethics Opinion Clarifies Limits on Nondisparagement Clauses in Settlements

Paul Hastings LLP on

This month, the Texas Professional Ethics Committee issued Opinion No. 708, clarifying that attorneys licensed in Texas may not agree to settlement provisions that restrict their ability to practice law. The opinion...more

Strafford

[Webinar] AI and the Legal Industry: Ethical Issues, Privacy/Security Considerations, Best Practices for Using AI - Navigating...

Strafford on

This CLE webinar will guide counsel on navigating the challenges when using AI in the practice of law. The panel will address ethical issues and privacy and security considerations. The panel will also offer best practices...more

Stange Law Firm, PC

Ensuring competence, diligence, and communication

Stange Law Firm, PC on

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

Schwabe, Williamson & Wyatt PC

Practicing Law in the Pacific Northwest: Client Confidentiality

Maintaining client confidentiality is a cornerstone of practicing law, and it is also essential to preserving trust and maintaining professionalism. Unfortunately, many lawyers forget or are not aware of the breadth of their...more

Esquire Deposition Solutions, LLC

Who Should Benefit from AI in Depositions: The Client, the Law Firm, or Both?

The American Bar Association’s suggestion last year that it would be ethically problematic for lawyers to charge high fees for formerly time-intensive work made easy by generative artificial intelligence has prompted an...more

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

Marshall Dennehey on

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...

Fishman Haygood LLP on

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

Law School Toolbox on

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

376 Results
 / 
View per page
Page: of 16

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide