ABA

When can two lawyers from different firms divide a fee in a referral arrangement?

ABA Formal Ethics Opinion 474 (PDF) from the ABA’s Standing Committee on Ethics and Professional Responsibility addresses the propriety of referral fees, explains that clients must consent to such arrangements, and also provides examples of when a lawyer does or does not have a conflict of interest. Under ABA Model…

Apr 21, 2016 7:30 AM CDT

Lawmakers ask ABA why it withdrew book offer to Chinese human rights lawyer

Two Republican lawmakers are asking the ABA for “additional clarification” about its decision to withdraw a book offer made to a Chinese human rights lawyer. U.S. Sen. Marco Rubio of Florida and U.S. Rep. Chris Smith of New Jersey want to know whether the book project was canceled because of…

Apr 20, 2016 4:36 PM CDT

ABA opposes proposals that would require many law firms to switch to accrual accounting

Many law firms would be forced to pay taxes on “phantom” income they haven’t received and may never receive under tax reform legislation being considered by Congress, the ABA says in a letter to lawmakers. ABA President Paulette Brown says in the letter (PDF) that the ABA strongly opposes proposals…

Apr 13, 2016 2:17 PM CDT

ABA urges 9th Circuit to nix profits clawback from insolvent law firm’s unfinished business

After an hourly rates client of an insolvent law firm terminates the relationship, can a bankruptcy trustee later claw back some of the future profits earned by the client’s new counsel? After Howrey LLP dissolved in 2011, Chapter 7 trustee Allan Diamond brought this question to court and sued eight…

Apr 11, 2016 3:20 PM CDT

15 former ABA presidents call for hearings on Garland

Fifteen former presidents of the American Bar Association have written a letter calling for a hearing and vote on Supreme Court nominee Merrick Garland. In a letter (PDF) to Senate leaders, the former ABA presidents say “there is no election-year exception” to the Senate’s constitutional responsibilities of advice and consent,…

Apr 11, 2016 8:44 AM CDT

Robert MacCrate, former ABA president, dies at age 94

Updated: Robert MacCrate, a courtly Sullivan & Cromwell lawyer whose many accomplishments included introducing himself in song in 1987 as the American Bar Association’s incoming president, died Wednesday. He was 94 years old. Backed by four ABA staff members as a professional pianist played, MacCrate brought down the house at…

Apr 7, 2016 5:43 PM CDT

‘Queen of pro bono’ Esther Lardent dies at age 68

Esther Lardent, known as the “queen of pro bono,” died Monday. She was 68 years old. A tireless advocate for volunteer legal work, she founded the Pro Bono Institute in 1996 and served as its president until last year, when her health forced her to step down, the National Law…

Apr 5, 2016 5:00 PM CDT

ABA backs call by Louisiana chief justice to provide necessary funds for public defenders

The American Bar Association is backing calls by Louisiana public defenders and the chief justice of the state’s supreme court to provide adequate funding for the representation of indigent defendants. Faced with a possible cut of nearly 62 percent in a budget that is already stretched to the breaking point,…

Apr 1, 2016 3:30 PM CDT

ABA Day 2016 marks 20 years of advocacy and lobbying for justice on Capitol Hill

"Ten people who speak make more noise than ten thousand who are silent."

That simple truth voiced by Napoleon Bonaparte identifies the key to the success of ABA Day on Capitol Hill, when association members from all jurisdictions show up in force to visit the offices of their elected representatives and other lawmakers. This year, I hope you can join me for the 20th Annual ABA Day in Washington, D.C., April 19-21, and make some noise on important issues.

Apr 1, 2016 4:10 AM CDT

Ethics proposal on discrimination and harassment needs more teeth, speakers say

Efforts to strengthen the ethics rule sanctioning discrimination and harassment as related to the practice of law received criticism in one area during a public hearing at the 2016 ABA Midyear Meeting in San Diego—that the measure was not broad enough. The ABA Standing Committee on Ethics and Professional Responsibility…

Apr 1, 2016 1:30 AM CDT

House of Delegates OKs objectives to regulate nontraditional providers

After extended and heated debate at the ABA Midyear Meeting in San Diego, the House of Delegates adopted a resolution to guide states in their regulation of nontraditional legal services. Resolution 105 provides model objectives for state regulators considering how to supervise nontraditional legal service providers. These providers include online…

Apr 1, 2016 1:20 AM CDT

4 common patterns of bias that women face at work—and how you can correct them

There’s no shortage of discussion about lack of diversity in the workplace, especially the legal profession. But solutions to the diversity problem and ways to combat implicit bias are harder to come by. Joan C. Williams, a feminist legal scholar based at the University of California’s Hastings College of the…

Apr 1, 2016 1:10 AM CDT

Young lawyers most at risk, substance abuse study says

A study released just before the 2016 ABA Midyear Meeting rejects the prevailing wisdom about substance abuse and mental health problems in the U.S. legal profession on two key points. First, the levels of problem drinking and mental health issues in the profession appear to be higher than indicated by…

Apr 1, 2016 1:00 AM CDT

Diverse slate nominated to lead the ABA

As a result of actions taken by the Nominating Committee at the organization’s midyear meeting, the top leadership ranks of the ABA have never been more diverse than they are now. The nominees for all four of the ABA’s top leadership positions—president-elect, chair of the House of Delegates, secretary and…

Apr 1, 2016 12:50 AM CDT

ABA Announcements

DELEGATE-AT-LARGE ELECTIONS Pursuant to § 6.5 of the ABA Constitution, six Delegates-at-Large to the House of Delegates will be elected at the 2016 Annual Meeting for three-year terms beginning with the adjournment of that meeting and ending with the adjournment of the 2019 Annual Meeting. Candidates for election as Delegate-at-Large…

Apr 1, 2016 12:40 AM CDT