How the crime-fraud exception can threaten attorney-client privilege

A sacrosanct concept in law is the attorney-client privilege—that a client can speak to his or her attorney knowing full well that what the client says will be kept secret. The evidentiary privilege ensures free and frank communications between attorney and client, a reality that generally serves the public interest.

Oct 1, 2023 2:50 AM CDT

House of Delegates amends rule to address anti-money-laundering efforts

Oct 1, 2023 1:20 AM CDT

Candor: You know it when you don’t see it

Probably to his regret, the late U.S. Supreme Court Justice Potter Stewart is best remembered for his famous nondefinition of obscenity: “I know it when I see it,” in Jacobellis v. Ohio, 378 U.S. 184 (1964).

Sep 27, 2023 2:03 PM CDT

As California changes ethics rules, surveyed lawyers express concern about integrity of the profession

Lawyers who back ethics reform are most concerned about maintaining the integrity of the legal profession, according to a survey by Bloomberg Law.

Sep 22, 2023 8:27 AM CDT

Do this, not that, when preparing witnesses and during testimony, new ABA ethics opinion says

Lawyers have a duty to prepare and guide witnesses, but attorneys can’t coach a witness in a way that interferes with the integrity of the justice system and obstructs another party’s access to evidence, according to an ethics opinion released Wednesday by the ABA’s Standing Committee on Ethics and Professional Responsibility.

Sep 6, 2023 10:44 AM CDT

Federal appeals court tosses lawyer’s challenge to anti-bias ethics rule

A Pennsylvania lawyer does not have standing to challenge a state ethics rule banning discrimination and harassment in the practice of law, a federal appeals court has ruled.

Aug 31, 2023 8:55 AM CDT

On Better Terms: What should we do with ‘nonlawyer’?

“Nonlawyer” means someone who isn’t a lawyer. But for years, many have found the word objectionable. And the case against “nonlawyer” isn’t as clear-cut as it might seem, says a lawyer specializing in how to say concisely whatever you want in a contract.

Aug 29, 2023 8:55 AM CDT

Maine’s top court affirms suspension of lawyer who asked staffer to take his CLE classes

The Maine Supreme Judicial Court has affirmed a one-year suspension of an attorney who asked his assistant to take his continuing legal education classes.

Aug 28, 2023 10:50 AM CDT

These lawyers are charged along with Trump in Georgia RICO indictment; is ‘partisan shift’ to blame?

The Georgia racketeering indictment against former President Donald Trump on Monday charges 18 other people, including eight lawyers.

Aug 15, 2023 11:12 AM CDT

ABA House amends Model Rule to address anti-money-laundering efforts

After a contentious debate, the ABA House of Delegates approved amendments to ABA Model Rule of Professional Conduct 1.16, which covers declining or terminating representation, at the ABA Annual Meeting in Denver on Tuesday.

Aug 8, 2023 4:25 PM CDT

Concerns about office-sharing arrangements addressed in new ABA ethics opinion

Attorneys can engage in office-sharing arrangements with other lawyers but must take care to ensure they comply with legal ethics rules. Everyone should avoid discussing cases in common areas, and lawyers may need to have separate lobby or waiting areas to ensure confidentiality. Other possible measures include installing privacy screens on computers, locking down computers when not in use and providing training to staff about ensuring confidentiality.

Jul 12, 2023 10:00 AM CDT

Role of nonlawyer assistants in client intake addressed in new ABA ethics opinion

Lawyers may train nonlawyer legal assistants to handle client intake matters, but they must ensure that such assistants’ conduct is compatible with the lawyer’s professional obligations, including giving clients an opportunity to consult with the lawyer about questions, according to an ethics opinion from the ABA Standing Committee on Ethics and Professional Responsibility released Wednesday.

Jun 7, 2023 10:07 AM CDT

Jurisdiction and Choice of Law: Which state standard should apply?

For attorneys practicing in multiple states, there has been an unresolved question about which choice of law governs when legal ethics questions arise. Each state a lawyer is admitted to may not have adopted the same ethical standards, potentially causing jurisdictional confusion.

Jun 1, 2023 1:40 AM CDT

Weekly Briefs: New ethics rule considered in Virginia; name partner launches new firm

Virginia proposes ban on agreements limiting ethics complaints

A proposed ethics rule in Virginia would ban lawyers from making agreements with clients or former clients that limit their right to…

May 26, 2023 10:48 AM CDT

New ABA ethics opinion warns about handling retainer and other fees

Lawyers may not generally avoid the obligation to place client funds into a trust account upon receipt, according to an ethics opinion from the ABA’s Standing Committee on Ethics and Professional Responsibility released Wednesday.

May 3, 2023 10:05 AM CDT