November 2018 Discipline
These lawyers were the subject of Louisiana Supreme Court disciplinary orders or Louisiana Attorney Disciplinary Board recommendations that were made public during the month of November 2018. Louisiana Supreme Court …
Malpractice Insurer Provides Helpful Advice on Responding to Lawyer Disciplinary Complaints
CNA, the leading malpractice insurer for Louisiana lawyers, recently distributed to its insureds helpful advice as to how they should handle complaints from the Office of Disciplinary Counsel. See CNA, Professional …
Crowdfunding Legal Expenses: Ethical Considerations
In late November 2018, porn star Stormy Daniels claimed that her lawyer, Michael Avenatti, initiated a “crowdfunding campaign without her knowledge” in order to fund her defamation litigation against President …
ABA Issues Formal Opinion on Lawyer Fee Financing
On November 27, 2018, the ABA Standing Committee on Ethics and Professional Responsibility issued a formal ethics opinion on A Lawyer’s Obligations When Clients Use Companies or Brokers to Finance the …
Facebook “Friendship” With Lawyer No Basis for Disqualifying Judge
On November 15, 2018, the Florida Supreme Court finally resolved a conflict among Florida lower courts on the issue of whether Facebook “friendship” is a sufficient basis for judicial disqualification. See Law …
October 2018 Discipline
These lawyers were the subject of Louisiana Supreme Court disciplinary orders or Louisiana Attorney Disciplinary Board recommendations published during the month of October 2018. Louisiana Supreme Court A. Wayne Stewart. The …
Tennessee Struggles with Prosecutorial Disclosure Issue Resolved by Louisiana in 2017
In the spring of 2018, the Tennessee Board of Professional Responsibility issued an advisory opinion addressing the scope of a prosecutor’s obligation to disclose exculpatory information to the defense and …
May a Lawyer Renegotiate a Bad-Deal Fixed Fee Agreement?
Yes, as long as the renegotiation is fair and reasonable in light of circumstances unanticipated by the lawyer and the client at the commencement of the lawyer’s representation. In September …
LSBA Distributes Newly-Updated Code of Professionalism
On October 18, 2018, LSBA President Barry H. Grodsky distributed a “newly updated” LSBA Code of Professionalism. See LSBA Code of Professionalism (2018); see also Resolution Proposed by the Committee on the Profession …
ABA Issues Formal Opinion on Lawyers’ Obligations After a Data Breach or Cyberattack
On October 17, 2018, the ABA Standing Committee on Ethics and Professional Responsibility issued a formal opinion addressing lawyers’ obligations in the wake of an electronic data breach or cyberattack. See …