New Ethics Opinion Permits Payments to Fact Witnesses
On April 15, 2021, the Maine Professional Ethics Committee issued an advisory opinion on whether a lawyer may pay “a non-expert witness for time spent testifying at a deposition or …
ABA Issues Formal Opinion on Virtual Law Practice
On March 10, 2021, the ABA Standing Committee on Ethics and Professional Responsibility released Formal Opinion 498 to provide guidance on ethical issues associated with the virtual practice of law. …
ABA Issues Formal Opinion on Conflicts Involving “Materially Adverse” Interests
On February 10, 2021, the American Bar Association released Formal Opinion 497 addressing conflicts involving representation of a current or prospective client with interests that are “materially adverse” to the …
D.C. Bar Issues Advisory Ethics Opinion On Conflict of Interest Issues Related to Witnesses
In February 2021, the District of Columbia Bar published an advisory ethics opinion examining certain recurring conflicts of interest issues related to witnesses. See D.C. Bar Legal Ethics Opinion 380 …
D.C. Bar Issues Advisory Opinion About Responding to Third-Party Subpoena
In February 2021, the D.C. Bar Association published a legal ethics opinion about whether a lawyer’s representation of a “Prospective Client” when responding to a third-party subpoena seeking information about …
ABA Issues Formal Opinion on a Lawyer’s Obligations When a Client is Involved in Criminal or Fraudulent Behavior
On April 29, 2020, the ABA issued Formal Opinion 491 addressing a lawyer’s obligations when the lawyer has reason to believe that a client may be involved in criminal or …
ABA Issues Formal Opinion on Responding to Negative Online Reviews
On January 13, 2021, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 496 addressing a lawyer’s ethical obligations in responding to negative online reviews. Disclosing Confidential …
ABA Issues Formal Opinion on Application of Anti-Discrimination Model Rule 8.4(g)
On July 15, 2020, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 493 to provide guidance on the purpose, scope, and application of Model Rule 8.4(g). …
ABA Issues Opinion on Conflicts Arising Out of Personal Relationship with Opposing Counsel
May a lawyer handle a matter in which the lawyer’s opponent is represented by the lawyer’s good friend? The lawyer’s neighbor? Girlfriend or boyfriend? In July 2020, the ABA Standing …
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 …