Client Protection

New ABA ethics opinion clarifies obligations for language access in lawyer-client relationships

Attorneys often must take affirmative steps to ensure that they can communicate effectively with clients with limited English proficiency or with those with noncognitive physical disabilities, such as a hearing or a speech impairment.

Oct 6, 2021 10:03 AM CDT

Online dispute resolution promises to increase access to justice, but challenges remain

Court leaders say an online dispute resolution program, known as LA-ODR, is part of their ongoing efforts to enhance access to justice for self-represented litigants through the use of technology. A 2019 California Justice Gap Study found that 55% of Californians at all income levels experienced at least one civil legal problem in their household in the prior year, but nearly 70% of them received no legal assistance.

Oct 1, 2021 4:10 AM CDT

Agreement giving lawyers ‘sole discretion’ to settle client’s case violates ethics rules, appeals court says

A California appeals court has voided a provision in a contingent-fee agreement that gave personal injury lawyers the “sole discretion” to settle a client’s case.

Sep 7, 2021 4:12 PM CDT

Lawyer faces disciplinary action after engaging in relationship with client

A partner in the Columbus, Ohio, office of Taft Stettinius & Hollister is facing possible disciplinary action after she allegedly exchanged sexually explicit text messages and engaged in sexual activity with a client.

Sep 1, 2021 11:52 AM CDT

Appeals court vacates $1,000-per-day sanction against BigLaw lawyer

The Illinois Appellate Court's Second District has vacated a $1,000-per-day sanction imposed against a Winston & Strawn lawyer who refused to turn over emails in discovery in expectation of a contempt order that would allow for an appeal.

Aug 18, 2021 3:45 PM CDT

Lawyer gets reprimand for responding to negative online review with embarrassing client information

A lawyer who revealed a client’s criminal record and name when countering a negative online review violated an ethics rule that bans revelation of information relating to a representation, the Oregon Supreme Court has ruled.

Jul 21, 2021 9:35 AM CDT

Disbarred lawyer can’t discharge debt he owes state bar for client losses, bankruptcy judge says

A disbarred California lawyer can’t use a bankruptcy to discharge more than $2 million in debt that is owed to a fund used to reimburse his former clients, a federal bankruptcy judge has ruled.

Jun 17, 2021 12:19 PM CDT

Lawyer statements in press release aren’t protected by judicial proceedings privilege, top Texas court rules

The Texas Supreme Court ruled Friday that lawyer statements about a client’s allegations made in a press release and social media aren’t protected by the judicial proceedings privilege or attorney immunity.

May 25, 2021 3:39 PM CDT

Afternoon Briefs: Lawyer job openings skyrocket; judge resigns after ethics charges

Lawyer job openings increase 150%, report says Lawyer job openings have increased by 150% since the start of the COVID-19 pandemic, according to a report by legal market data provider Leopard Solutions. As of May 14, there were 8,268 open jobs for lawyers at more than a thousand global law…

May 20, 2021 4:40 PM CDT

As the legal profession ages, dementia becomes an increasing concern

The legal profession may struggle to identify lawyers experiencing cognitive decline, partly because those who are struggling are good at hiding their problem.

May 12, 2021 3:35 PM CDT

How to know when it’s time to send a client packing

Unlike other relationships, a lawyer-client obligation can spawn without the lawyer even consenting to it, writes Marcel Strigberger.

Feb 10, 2021 1:42 PM CST

How can lawyers balance materially adverse interests? New ABA ethics opinion explores

Conflicts of interest remain a paramount ethical concern, as lawyers owe a duty of loyalty to clients. Rule 1.7 of the ABA Model Rules of Professional Conduct prohibits lawyers from having conflicts of interest between existing clients, but lawyers also often owe a duty of loyalty to former clients under Rule 1.9 and prospective clients under Rule 1.18.

Feb 10, 2021 9:07 AM CST

Judge admits she presided in court while ineligible to practice law

A part-time municipal judge in New Jersey has acknowledged that she presided in trials and represented clients while ineligible to practice law.

Feb 9, 2021 2:41 PM CST

Afternoon Briefs: Judge in ethics trouble for school dispute; lawyer sues ex-client who punched him

Panel recommends judge’s removal for school-dispute conduct A judicial ethics panel has recommended removal of a judge in Union County, New Jersey, based on her conduct after her children’s Catholic school eliminated its girls’ basketball team. The judge, Theresa Mullen, was accused of obstructive deposition conduct in a civil suit…

Feb 5, 2021 4:18 PM CST

After filing election suits, pro-Trump lawyer L. Lin Wood is asked to undergo mental health evaluation

The State Bar of Georgia has asked lawyer L. Lin Wood Jr., a supporter of former President Donald Trump, to take a mental health examination after he got kicked off a defamation case for “surprising incompetence” in election litigation.

Feb 1, 2021 11:31 AM CST