Recorded Webinar: Competence in a Time of COVID
On Wednesday, March 25, 2020, Professor Dane S. Ciolino and New Orleans lawyer Ernie Svenson presented a one-hour webinar entitled “Competency in a Time of COVID.” During the program, they …
Ethics Opinion Clarifies When Lawyers May Communicate With Represented Persons
Lawyers are often confused about the applicability and scope of the no-contact provisions of Rule 4.2. That rule provides that a “lawyer in representing a client shall not communicate about …
Top Ten Legal Ethics Developments in 2019
If a Louisiana lawyer were to read just one post on this blog all year, this should be it. Here are the top seven1 developments in legal ethics in 2019. …
ABA Issues New Formal Opinion on Changing Law Firms
I want to quit my law firm and take clients with me. What ethical considerations are there in doing so? There are few direct answers in the Louisiana Rules of …
Lawyer Sanctioned for Frivolous Lawsuit Seeking Dignity for Goats
On December 9, 2019, the United States Court of Appeals for the Federal Circuit sanctioned lawyer/litigant Todd C. Bank1 for filing a frivolous pro se action to cancel the trademark …
May a Louisiana Lawyer Assist a Client with Marijuana Distribution ?
Probably not, but the answer is uncertain. More than thirty-three jurisdictions in the United States permit some type of marijuana sale and use. See Governing.com List of State Marijuana Laws …
Thirty-Eighth State Adopts Duty of Technology Competence
In 2012, the ABA adopted an amendment to ABA Model Rule of Professional Responsibility 1.1, comment 8, providing that “a lawyer should keep abreast of changes in the law and its …
Judge Given “Public Warning” for Refusing to Perform Same-Sex Marriages
On November 12, 2019, the Texas State Commission on Judicial Conduct “publicly warned” a judge who performed opposite-sex marriages, but who “declined to perform same-sex weddings.” More particularly, the judge …
Reprimand Recommended for Lawyer Who Threated to “Punch the Sh*t” Out of Opposing Counsel
On November 6, 2019, a Hearing Committee of the Louisiana Attorney Disciplinary Board recommended the public reprimand of New Orleans lawyer Ike Spears for threatening to “punch the shit” out …
Judicial Recusal From Cases Involving Friends, Acquaintances, and Closer Relations
In September 2019, the ABA Standing Committee on Ethics and Professional Responsibility issued a formal opinion entitled Judges’ Social or Close Personal Relationships with Lawyers or Parties as Grounds for …