Model Rules of Professional Conduct

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Pennsylvania ethics officials have withdrawn a federal appeal that sought to reinstate an ethics rule banning lawyers from knowingly manifesting bias or engaging in discrimination in the practice of law.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

Hundreds of lawyers call for ethics probes of attorneys for election fraud claims; are bar charges likely?

Two former presidents of the ABA are among a group of more than 1,500 lawyers who are calling for ethics probes of lawyers making claims of widespread election fraud.

Dec 8, 2020 10:01 AM CST

Afternoon Briefs: 25 former DC bar leaders decry election suits; ousted 1L presses due process claim

25 ex-DC bar leaders decry election suits Twenty-five former presidents of the District of Columbia Bar are criticizing lawyers who attacked the electoral process through unfounded allegations of voter fraud or ballot tampering. “In the absence of any meaningful evidence, we must condemn the abuse of the judicial system to…

Dec 2, 2020 4:49 PM CST

Model rule revision allows attorneys to help pro bono clients in need

Daniel Greenberg became interested in amending ABA Model Rule 1.8(e) when he realized he’d been in violation of it his entire career.

Dec 1, 2020 12:40 AM CST

When are personal relationships with opposing counsel conflicts? New ABA ethics opinion weighs in

Lawyers’ personal relationships with opposing counsels may create a conflict under the ABA Model Rules of Professional Conduct, according to a new ethics opinion from the ABA’s Standing Committee on Ethics and Professional Responsibility.

Oct 7, 2020 10:08 AM CDT