Model Rules of Professional Conduct

Split intensifies over prosecutors’ ethical disclosure duties

States remain split on whether a prosecutor’s ethical duties for disclosures in a criminal case should extend beyond their constitutional obligations set by the U.S. Supreme Court. Most recently, the Tennessee Supreme Court vacated a formal ethics opinion that determined a prosecutor’s ethical duties were more expansive than those required under the Supreme Court’s decision in Brady v. Maryland in 1963.

Oct 2, 2019 8:30 AM CDT

Lawyer reprimanded for discriminatory statements about Chinese optometrist

A New Jersey lawyer was reprimanded Friday for demeaning and discriminatory statements about the Chinese culture in a letter to a medical malpractice defendant.

Sep 9, 2019 10:36 AM CDT

Nonlawyers could invest in law firms and own legal businesses under Utah work group’s proposal

A Utah task force is proposing a “regulatory sandbox” to allow experimentation with nonlawyer ownership of legal businesses and nonlawyer investment in law firms. New legal services providers would test their services in the regulatory sandbox, overseen by a new regulatory body that gathers data and tests revisions before granting…

Aug 28, 2019 11:13 AM CDT

What lawyers can learn about prosecutorial ethics from a Brad Pitt role

A lawyer who’s been a victim of a crime prior to becoming a prosecutor can provide a valuable and unique perspective. But the line can potentially blur when they only prosecute the types of cases they personally suffered through, writes lawyer Adam Banner.

Aug 22, 2019 6:30 AM CDT

Afternoon Briefs: Discipline recommended for bar code switches; Andrew McCabe sues over firing

• A staff lawyer for an Ohio judge is facing possible discipline after he was accused of switching bar codes on Walmart merchandise before going through the self-checkout. The lawyer, Terrence Kensley Scott, was accused of paying $27 for items valued at $367. A police officer who confronted Scott outside…

Aug 8, 2019 4:44 PM CDT

In-House Ethics: Top state court says ethics rules haven’t ‘evolved with the profession’ and lawyer-client relationships

A fired in-house lawyer may sue his former employer for breach of contract and violation of public policy, despite an ethics rule that “robustly protects” a client’s right to terminate a lawyer at any time, for any reason, the Washington Supreme Court has ruled in a 6-3 decision.

Jul 25, 2019 3:31 PM CDT

Second state adopts ABA model rule barring discrimination and harassment by lawyers

Maine has adopted an ABA model rule that bars discrimination and harassment by lawyers. Maine is the second state to adopt Rule 8.4(g) of the ABA Model Rules of Professional Conduct, according to Bloomberg Law. Vermont was the first. Maine’s Supreme Judicial Court adopted the new rule, which takes effect…

Jun 13, 2019 11:39 AM CDT

Lawyers have a duty to disclose adverse legal authority even if it hurts their case

Attorneys are supposed to be zealous advocates for their clients and win their cases. Should they mention an adverse ruling and distinguish it, or just ignore the case and cite other authorities?

Jun 1, 2019 1:15 AM CDT

Should there be a duty of tech competence for judges? Survey raises questions

The ABA added a duty of technology competence to the model ethics rules for lawyers in August 2012, but no such duty has been added to the model rules for judges. So far, 36 states have adopted the technology competence rule, embodied in Comment 8 to Model Rule 1.1 of…

May 10, 2019 4:13 PM CDT