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Category: Ethics Opinions

Ethics Opinions

Tennessee Supreme Court Rejects Ethics Opinion on Prosecutors’ Brady Obligation

On August 23, 2019, the Tennessee Supreme Court declared that “the ethical obligations” of prosecutors to disclose exculpatory evidence under Rule 3.8(d) of Tennessee’s Rules of Professional Conduct are “coextensive …

Ethics Opinions

ABA Issues Formal Opinion on Obligations of Prosecutors in Misdemeanor Cases

In May 2019, the ABA Standing Committee on Ethics and Professional Responsibility issued a formal opinion on the “Obligations of Proscutors in Negotiating Plea Bargains for Misdemeanor Offenses.” See ABA …

Ethics Opinions

New York Bar Revises Social Media Guidelines

The New York State Bar Association has been at the forefront of providing useful ethics advice to the bar regarding lawyer social media use. 1 On May 31, 2019, the …

Ethics Opinions

ABA Issues Formal Opinion on “Fee Division with Client’s Prior Counsel”

On June 18, 2019, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 487 to address the division of a fee when one lawyer replaces another in …

Ethics Opinions

ABA Formal Opinion Prohibits Judges from Declining to Perform Same-Sex Marriages

On February 14, 2019, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 485 providing that a judge “may not decline to perform marriages of same-sex couples …

Ethics Opinions

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 …

Ethics Opinions

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 …

Ethics Opinions

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 …

Ethics Opinions

ABA Provides (Fairly Obvious) Advice on “Ethical Obligations Related to Disasters”

In Louisiana, we know disasters. Katrina, Rita, Betsy, and BP to name a few. So, our lawyers unfortunately have experienced the personal, legal, and ethical issues associated with them. What …

Ethics Opinions

Creative Litigation Financing: Structure Matters

The Wall Street Journal has called litigation financing the “new hot law job.” See Sara Randazzo, The New Hot Law Job: Litigation Finance (July 5, 2018). Others have extolled its virtues, including …

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