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Category: Ethics Opinions

Ethics Opinions

May a Lawyer Bill a Client for the Work of an Unpaid Intern?

Yes, according to a recent ethics advisory opinion from the New York State Bar Association. See N.Y. State Bar Assoc’n Ethics Op. 1090 (2016). The issue considered by the New York …

Ethics Opinions

My Client Called Me a “Thief” on the Internet, May I Respond?

No, according to a recent ethics opinion addressing whether a lawyer may disclose confidential information to respond to online criticism. See Bar Assoc. of Nassau County, Cmte. on Prof’l Ethics, Op. No. …

Ethics Opinions

A Reminder to Lawyers About “Super Lawyer” Advertisements: A Waste of Regulatory Effort

On May 4, 2016, the New Jersey Supreme Court Committee on Attorney Advertising published a “Notice to the Bar” regarding advertising of “awards, honors, and accolades that compare a lawyer’s …

Ethics Opinions / FAQs

May I Share a Legal Fee on a Matter on Which I Otherwise Would Have a Conflict?

The ABA Standing Committee on Ethics and Professional Responsibility on April 21, 2016, issued a formal opinion addressing whether a lawyer may share a legal fee on a matter when …

Ethics Opinions

A Lawyer Who is a Party to a Legal Matter May Communicate Directly With Represented Adversary

A lawyer who is a party to a legal matter may communicate directly with a represented adverse party without the consent of the adversary’s lawyer. See Prof’l Ethics Cmte. for the …

Ethics Opinions

A Lawyer May “BCC” Client Over Opponent’s Objection

May a lawyer ethically send the lawyer’s client a blind copy of an email to opposing counsel where opposing counsel has objected to such practice? That is a question recently …

Ethics Opinions

ABA Publishes New Ethics Opinion on Subpoenas for Client Documents

On February 17, 2016, the ABA Standing Committee on Ethics and Professional Responsibility published Formal Opinion 473 addressing a lawyer’s “Obligations Upon Receiving a Subpoena or Other Compulsory Process for …

Ethics Opinions

May a Personal-Injury Lawyer Charge an Extra Fee for Negotiating a Reduction of Third-Party Liens or Claims?

No, according to a recent ethics opinion from the Alabama Bar Association. See Ala. State Bar. Assoc., Ethics Op. RO-2015-01 (Oct. 2015).  The “negotiation of a reduction of third party …

Ethics Opinions / FAQs

Florida Approves Prelitigation Santization of a Client’s Facebook Page

May a lawyer advise a client to “clean up” social media pages by removing photos, videos, and other information that are “directly related to the incident for which the lawyer is …

Ethics Opinions

Is a Lawyer Ethically Responsible for Trust Account Theft Caused by Hacking?

No, if the lawyer has otherwise taken reasonable efforts to safeguard client and third-party funds in the lawyer’s trust account. See N.C. Bar Assoc. Formal Op. No. 6 (Oct. 23, 2015). …

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