The Ethical Quandary

Recent Posts from The Ethical Quandary

• Law Firm Computers Under Attack

  On November 8, Sixty Minutes ran an interesting segment on computer hackers and the safety of America’s critical networks and information. (See http://www.cbsnews.com/video/watch/?id=5578986n&tag=contentMain;contentBody.) I began thinking of the information law firms hold, and the risk that…

• Admission on Motion (Reciprocity): Oregon On Verge Of Opening Doors Wider

  The Oregon State Board of Bar Examiners has proposed a rule change concerning reciprocal admission, allowing admission by motion to lawyers who are licensed and in good standing in one of 37 potentially qualifying jurisdictions.…

• Attorney-Client Privilege Trumps Company’s Email Policy (At Least This Time)

  This case helps highlight the point that you want to have a conversation with your clients when the attorney-client relationship begins, before a situation like this arises, to coordinate how you will communicate with them,…

• New Oregon Ethics Opinion: Conflicts When Client Files Bar Complaint

  The Oregon State Bar just released Formal Ethics Opinion 2009-182, titled: “Conflict of Interest:  Current Client’s Filing of Bar Complaint; Withdrawal.” It’s worth a read and a copy can be found here. The opinion addresses…

• Practicing Law in the “Cloud”

  A few months ago, I wrote a post on cloud computing.  The post provides some general issues to consider when deciding whether to engage in cloud computing, namely whether to usethird party vendors to store…

• Disbarred Lawyer Locked Out of His Office to Stop Unauthorized Practice

  Some people just do not understand the message. For five years the Office of Disciplinary Counsel in Pennsylvania issued suspensions, and eventually a disbarment last August, to Allen Feingold. However he he continued to practice…

• New York Allows Attorney Unsolicited Informational Messages Under Telephone Consumer Protection Act (TCPA)

  Attorney May Send Unsolicited Informational Messages Under TCPA Another in our ongoing series of Hinshaw Lawyers for the Profession® Alerts Stern v. Bluestone, ___N.E.2d___, 12 N.Y.3d 873, (N.Y. 2009) Brief Summary An attorney’s unsolicited faxes containing…

• State of Oregon v. Kanuch: Ordering Defendants to Pay Court-Appointed Attorneys Fee Based on Ability to Pay

  Consider this: a criminal defendant is charged with aggravated murder with a firearm, among other charges. The defendant pleads guilty to aggravated murder, and receives a 30-year minimum prison term. Just when the lawyer doesn’t…

• Example 4,323 of the Risks of Blogging and Facebook-ing

  The ABA Online Journal has an interesting article discussing when lawyers become respondents in bar matters or defendants in civil cases. This blog regularly discusses the risks inherent in using social networking cites, and cautions…

• Is Technology Creating Reduced Expectations of Privacy?

  Over the past few weeks, a couple experiences have me thinking about how technology may be affecting our collective expectations of privacy. First, I was recently one of the lawyer participants at an Oregon law…