Ethics opinion addresses lawyers’ ‘passive investment’ in firms in jurisdictions allowing alternative business structures

A lawyer generally may invest passively in a law firm that includes nonlawyer owners in jurisdictions that permit such alternative business structures, according to a new ABA ethics opinion. The lawyer may passively invest, even though the lawyer practices law in a jurisdiction that does not permit such nonlawyer ownership.

Sep 8, 2021 10:15 AM 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

‘The sun is rising on the rule of law in the United States,’ says incoming ABA President Reginald Turner

In accepting his position as president of the American Bar Association, Reginald M. Turner shared the story of a half sun painted on the back of an armchair owned by Founding Father and former President George Washington. Fellow Founding Father Benjamin Franklin wondered whether the sun was rising or setting.

Aug 9, 2021 4:53 PM CDT

Longtime leader in legal ethics and professional responsibility will receive ABA Medal

Through a legal career that spans more than five decades, Lawrence Fox has become nationally recognized for his leadership in professional responsibility and legal ethics and his commitment to pro bono work.

Jun 17, 2021 3:01 PM CDT

Remote practice from home in Florida isn’t unauthorized practice, advisory opinion says

A New Jersey lawyer’s remote practice from his home in Florida does not constitute the unlicensed practice of law in Florida, according to an advisory ethics opinion approved May 20 by the Florida Supreme Court.

May 24, 2021 11:51 AM 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

Suit alleges BigLaw firm used LexisNexis product to inflate bills for flat-fee legal research

A corporate litigant disputing the legal bill charged by Squire Patton Boggs has filed a third-party complaint alleging that LexisNexis helped the law firm inflate its fees.

Apr 1, 2021 1:10 PM CDT

State ethics officials may draft new version of lawyer-bias ban after dropping appeal of adverse ruling

Pennsylvania ethics officials have withdrawn a federal appeal that sought to reinstate an ethics rule banning lawyers from knowingly manifesting bias or engaging in discrimination in the practice of law.

Mar 19, 2021 9:42 AM CDT

5th Circuit sanctions Marc Elias and other Perkins Coie lawyers for ‘redundant and misleading’ motion

A federal appeals court has sanctioned Perkins Coie attorneys who represent Democratic groups for a “redundant and misleading” motion in election litigation.

Mar 15, 2021 3:23 PM CDT

New ABA ethics opinion addresses professional responsibilities of virtual practice

Lawyers can practice law virtually but must ensure that they consider various ethical responsibilities related to the duties of competence, diligence, communication, confidentiality and supervision, according to a new opinion released by the ABA’s Standing Committee on Professional Responsibility.

Mar 10, 2021 10:27 AM 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

Lawyers must use caution when responding to negative online reviews, new ethics opinion says

Lawyers are frequent targets of criticism and sometimes that criticism takes place in the form of negative reviews online. As such, lawyers must be careful not to violate the duty of confidentiality when responding to negative online reviews. The ABA’s Standing Committee on Ethics and Professional Responsibility advises that the best response is often no response at all.

Jan 13, 2021 12:34 PM CST

Ethics attorneys hopeful COVID-19 will prompt changes in remote working rules

The continued spread of COVID-19 has resulted in lawyers across the country working remotely for months on end, including in jurisdictions where they are not licensed to practice law. While this trend prioritizes public health and provides workers with increased flexibility, it could also raise ethical issues for some attorneys.

Dec 28, 2020 2:25 PM CST

What are ethics issues for lawyers practicing remotely from a different state during the pandemic?

During the COVID-19 pandemic, more and more lawyers have worked remotely from home and practiced law primarily through electronic means. Some of these lawyers live in a different state than where they are licensed to practice law.

Dec 16, 2020 2:45 PM CST

Judge blocks ethics rule banning bias by lawyers, warns of arbiters deciding ‘who and what offends’

A federal judge in Philadelphia has cited the First Amendment in blocking a Pennsylvania ethics rule that bans lawyers from knowingly manifesting bias or engaging in discrimination in the practice of law.

Dec 9, 2020 12:09 PM CST