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Category: Ethics Opinions

Ethics Opinions

A Lawyer May Pay “Reasonable Compensation” to a Fact Witness for Preparation Time

On May 22, 2017, the West Virginia Lawyer Disciplinary Board issued an advisory opinion as to “whether fact witnesses can be compensated for lost time spent testifying and/or preparing to …

Ethics Opinions

Avvo Lawyer Referral Service Ruled to be Unethical

On June 21, 2017, the New Jersey Supreme Court joined Ohio, South Carolina, and Pennsylvania and said “no” to Avvo Advisor, a pay-for-service lawyer referral plan that is available in Louisiana. See …

Ethics Opinions

ABA Issues Opinion on Securing Electronic Communications

On May 22, 2017, the ABA Standing Committee on Ethics and Professional Responsibility issued a new formal opinion on Securing Communication of Protected Client Information. See ABA Formal Op. 477R (May 22, …

Ethics Opinions

Must a Lawyer Report Substance Abuse by Another Lawyer or by a Client?

Perhaps. A lawyer who has actual knowledge that another lawyer “has committed a violation of the Rules of Professional Conduct that raises a question as to the lawyer’s honesty, trustworthiness or fitness …

Ethics Opinions / FAQs

ABA Formal Opinion: How to Withdraw Without Spilling Too Many Beans of Confidential Information

A lawyer who seeks to withdraw from the representation of a client involved in litigation typically must seek permission of the presiding tribunal to do so. Indeed, Rule 1.16, governing …

Ethics Opinions

ABA Formal Opinion: A Lawyer Must Deposit Any Fee to Be Shared With Another Lawyer Into Trust Account

Rule 1.5(e) permits lawyers who are not in the same law firm to divide legal fees, subject to certain requirements. See ABA Model Rule of Prof’l Conduct R. 1.5(e); La. Rules …

Ethics Opinions

New Advisory Opinions on Lawyer Social Media Use

The District of Columbia Bar has issued two advisory opinions addressing many of the legal and ethical implications of lawyer social media1 use. The first opinion addresses lawyer use of social media …

Ethics Opinions

May a Lawyer Surreptitiously Track Emails Sent to Opposing Counsel?

A “web bug” or “tracking bug” is a tag that an email sender can include in a message that will report back to the sender about the recipient’s handling of …

Ethics Opinions

May a Lawyer Use a Competitor’s Name as a Google AdWord?

  The Professional Ethics Committee for the State Bar of Texas recently opined that a lawyer may use the name of a competing lawyer as a Google AdWord to generate favorable …

Ethics Opinions

May a Law Firm Designate a Nonequity Partner as a “Partner”?

Although the term “partner” typically denotes a person sharing in the ownership of a business enterprise, some law firms designate nonowner-lawyers as “partners,” “income partners,” or “nonequity partners.” Such designations …

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