Looking for practice advice on email discussion lists? Don’t forget client confidentiality responsibilities

Lawyers must be careful in revealing information about clients on an email discussion list group, even when seeking help in the representation, according to a new ABA ethics opinion.

May 8, 2024 10:02 AM CDT

Supreme Court won’t hear lawyer’s challenge to anti-bias ethics rule

The U.S. Supreme Court on Monday denied certiorari in a challenge to a Pennsylvania ethics rule that bars lawyers from knowingly engaging in conduct that constitutes discrimination and harassment in the practice of law.

Apr 24, 2024 10:16 AM CDT

What are ‘reasonable measures’ to prevent law firm conflicts? New ABA ethics opinion explores

An ethics opinion released Wednesday by the ABA’s Standing Committee on Ethics and Professional Responsibility addresses what constitutes “reasonable measures” personally disqualified lawyers can take to ensure that the conflicts of interest are not imputed to their law firms.

Mar 20, 2024 10:04 AM CDT

Lawyers’ ‘barrage of personal attacks’ on opponents started with tissue-box toss, appeals court says

Updated: A federal appeals court saw a need for a civility lesson when it granted a new trial to a civil-fraud plaintiff because of a “barrage of personal attacks” made by opposing lawyers in a closing argument.

Mar 14, 2024 12:02 PM CDT

Government lawyers’ use of ‘confidential information’ in private practice clarified in new ABA ethics opinion

Lawyers who work in government or serve as public officials have special confidentiality obligations, and they should not use “confidential government information” when representing private clients, according to an ABA ethics opinion released Wednesday.

Feb 28, 2024 10:05 AM CST

What’s the secret to writing a good search prompt?

Lawyers may be excellent when questioning on the stand, but when it comes to cross-examining artificial intelligence, they may need an assist. With generative artificial intelligence, it’s all about the search prompt.

Feb 20, 2024 12:51 PM CST

What to do when friends or family members ask for legal advice

“It’s never going to go well,” Arizona attorney Lynda C. Shely says about the prospect of representing anyone you are close to, including family members and friends. Shely, the immediate past chair of the ABA Standing Committee on Ethics and Professional Responsibility, works in private practice and has advised more than 2,500 law firms around the country on legal ethics matters.

Jan 25, 2024 8:34 AM CST

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