No Advanced Waivers of Aggregate Settlement Rule
According to a formal of the New York City Bar, a lawyer cannot seek a client’s advanced consent to an aggregate settlement. The opinion provides: “Under Rule 1.8(g), absent court …
Why Lawyers Should Stop Worrying About Using Public Wi-Fi
Rule 1.6 of course requires a lawyer to maintain the confidentiality of client information. But does it require a lawyer who digitally stores and communicates information to use über-security measures like encryption or …
Five Essential Terms for Lawyer Engagement Agreements
Although the rules of professional conduct do not always require it, see Rule 1.5, you should require every prospective client to sign an engagement agreement before you commence the representation. If …
Elihu Root as a Paragon of Professionalism?: Fiction is Stranger Than Truth
In my legal ethics session on “Advising Clients,” we discuss the principle that a lawyer should exercise independent professional judgment and provide candid and honest advice to the lawyer’s client—whether …
What Should I Think About When Setting Up a Website for My Firm?
Many Louisiana lawyers have created websites to have an “internet presence” on the World Wide Web. While this is undoubtedly good marketing practice, it can be bad law practice if …
August 2013 Discipline
Louisiana Supreme Court The Louisiana Supreme Court issued one lawyer discipline order in August: William F. Henderson. The Court disbarred the respondent (by consent) for a criminal felony conviction stemming from …
May I Charge a “Nonrefundable” Retainer or Minimum Fee?
Yes, but no. The North Dakota Supreme Court recently disciplined a lawyer for refusing to return a $30,000 “nonrefundable” minimum fee in a criminal case after working 26 hours prior …
Louisiana Legal Ethics Newsletter
The Louisiana Legal Ethics newsletter is distributed monthly to our email subscribers. It reports recent developments in Louisiana legal ethics and lawyer discipline.
What Should I Consider Before Using Social Media?
Introduction Weblogs and social networking sites (such as Facebook, Twitter and LinkedIn) are increasingly[1] a part of the everyday lives of lawyers as well as the clients, witnesses, opponents and judges …
May a Louisiana Lawyer Use a Document-Gathering Firm to Obtain Documents Through Subpoenas and Voluntary Authorizations?
Yes. Some have contended that Louisiana statutes and procedural rules prohibit a third-party document-gathering firm, such as Compex Legal Services, Inc., from providing this service. They contend that such a …