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 …
The Ethical Pitfalls of Virtual Eavesdropping
The COVID-19 pandemic presented a variety of challenges for practicing lawyers throughout the country. Among these challenges are the professional and ethical implications involved in participating in legal proceedings and …
May a Lawyer Use a Competitor’s Name as a Keyword in Internet Advertising?
Yes, a lawyer may use a keyword that includes the name of a competing lawyer–if the use of the keyword does not result in a false, misleading, or deceptive advertising practice. …
May a Lawyer Accept Compensation from a Service Provider for a Client Referral?
Probably yes, but only if the referral agreement will not affect the lawyer’s representation and the lawyer obtains the client’s informed consent, confirmed in writing. See Rule 1.7(a). Under Louisiana …
Must Louisiana Lawyers Have or Report Malpractice Coverage?
On October 16, 2020, the Supreme Court of West Virginia suspended a lawyer for failing to report to the state bar whether he was covered by at least $100,000 in …
What Are The Differences Between the ABA Model Rules and the Louisiana Rules?
In this 45-minute video, Professor Dane S. Ciolino of the Loyola University New Orleans College of Law and the Louisiana Legal Ethics site discusses the principal differences between the ABA …
May a Lawyer Remotely Notarize a Document Using Video Conferencing?
Before March 26, 2020, the answer was “no.” At that time, Louisiana law did not permit a lawyer1 to notarize a document remotely. Louisiana Revised Statutes section 35:2 provides that …
ABA Issues New Formal Opinion on Changing Law Firms
I want to quit my law firm and take clients with me. What ethical considerations are there in doing so? There are few direct answers in the Louisiana Rules of …
May a Lawyer Obtain an Indemnity Agreement from a Client?
A recent advisory ethics opinion addresed whether it is “permissible for an attorney to include an indemnification provision in a retainer agreement at the commencement of representation that requires the …
May a Lawyer Renegotiate a Bad-Deal Fixed Fee Agreement?
Yes, as long as the renegotiation is fair and reasonable in light of circumstances unanticipated by the lawyer and the client at the commencement of the lawyer’s representation. In September …