Legal Ethics in Motion

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For those fans of Legal Ethics In Motion, please note that the URL has changed and you can now find the blog at https://...
04/07/2021

For those fans of Legal Ethics In Motion, please note that the URL has changed and you can now find the blog at https://legalethicsadvisor.com/blog and it will continue to repost on LinkedIn and on Twitter

Blog legal ethics advisor

While there is little doubt that you have heard about the lawyer appearing on a Zoom court hearing while stuck behind a ...
02/11/2021

While there is little doubt that you have heard about the lawyer appearing on a Zoom court hearing while stuck behind a cat filter, I believe the situation calls for a pause to applaud the professionalism with which it was handled. There are many stories in the news about nasty exchanges among lawyers and inappropriate use of technology and social media--some inadvertent and others intentional....

While there is little doubt that you have heard about the lawyer appearing on a Zoom court hearing while stuck behind a cat filter, I believe the situation calls for a pause to applaud the professi…

The Florida Bar updated its Best Practices Guide for Professional Electronic Communication to include guidance for both ...
02/05/2021

The Florida Bar updated its Best Practices Guide for Professional Electronic Communication to include guidance for both attorneys and judges engaged in electronic hearings or proceedings. The entire is guide is worthwhile and the latest additions do not disappoint. Tips range from basics like ensuring that your computer is fully charged and wearing professional attire to more nuanced issues such as making sure that all listening devices like Amazon Alexa or Google Home are turned off and awareness of your own facial expressions....

The Florida Bar updated its Best Practices Guide for Professional Electronic Communication to include guidance for both attorneys and judges engaged in electronic hearings or proceedings. The entir…

In a recent formal opinion, the ABA addressed a lawyer’s ethical obligations when deciding to respond to a negative onli...
02/04/2021

In a recent formal opinion, the ABA addressed a lawyer’s ethical obligations when deciding to respond to a negative online review. Specifically, this opinion focused on the potential for breaching client confidentiality and best practices to avoid doing so. ABA Model Rule 1.6(a) prohibits a lawyer from revealing information relating to a client’s representation while 1.6(b) provides exceptions to this nondisclosure rule....

In a recent formal opinion, the ABA addressed a lawyer’s ethical obligations when deciding to respond to a negative online review. Specifically, this opinion focused on the potential for breaching …

The ABA recently released Opinion Formal Opinion 495 to assist lawyers who may be working remotely from a jurisdiction i...
01/28/2021

The ABA recently released Opinion Formal Opinion 495 to assist lawyers who may be working remotely from a jurisdiction in which they are not licensed to practice law. During the pandemic, it has become more common for a lawyer to being working from a jurisdiction in which he or she has another residence that may be closer to family or otherwise preferable during the pandemic....

The ABA recently released Opinion Formal Opinion 495 to assist lawyers who may be working remotely from a jurisdiction in which they are not licensed to practice law. During the pandemic, it has be…

Could leave a person speechless if it weren’t so important to find your voice—thanks to Jacob Shamsian for including me ...
12/11/2020

Could leave a person speechless if it weren’t so important to find your voice—thanks to Jacob Shamsian for including me in his thoughtful reporting.

After getting booted from President Donald Trump's legal team, Sidney Powell has filed several lawsuits challenging the 2020 election results on her own.They're

According to a recent report by Coalition, a leading cyber security firm, ransomeware attacks against its clients are up...
11/17/2020

According to a recent report by Coalition, a leading cyber security firm, ransomeware attacks against its clients are up upwards of 260% during the initial six-month period of 2020. As a result, law firms must take action to protect confidential information. Lawyers are required by ethics rules to protect confidential client information. American Bar Association Model Rule 1.6(c) states “a lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.”...

According to a recent report by Coalition, a leading cyber security firm, ransomeware attacks against its clients are up upwards of 260% during the initial six-month period of 2020. As a result, la…

The American Bar Association (“ABA”) encourages every attorney to perform at least 50 hours of pro bono legal services e...
11/16/2020

The American Bar Association (“ABA”) encourages every attorney to perform at least 50 hours of pro bono legal services each year. The ABA codified this aspiration in model rule 6.1. Despite the model rule, only nine states require their attorneys to report pro bono hours. And in these nine states, there are no serious penalties for failing to do pro bono work....

The American Bar Association (“ABA”) encourages every attorney to perform at least 50 hours of pro bono legal services each year. The ABA codified this aspiration in model rule 6.1. Despite the mod…

In early October 2020, the New York State Bar Association issued an ethics opinion advising that an immigration attorney...
11/13/2020

In early October 2020, the New York State Bar Association issued an ethics opinion advising that an immigration attorney may withdraw from a case due to fear of contracting coronavirus. The attorney cited inadequate safety measures at the courthouse prompting health concerns for himself and his family. The opinion notes that New York Rule of Professional Conduct 1.16(b) sets forth the standard of “difficult” to carry out representation, not “impossible.” The New York Rule corresponds to similar wording in ABA Model Rule 1.16(a)(2) permitting withdrawal where a lawyer’s mental condition “materially impairs” representation....

In early October 2020, the New York State Bar Association issued an ethics opinion advising that an immigration attorney may withdraw from a case due to fear of contracting coronavirus. The attorne…

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