Financial Assistance to Clients in a Time of COVID
New York, like most states, prohibits a lawyer from providing financial assistance to a client to cover day-to-day living expenses.1 On April 24, 2020, the New York City Bar urged …
Thirty-Eighth State Adopts Duty of Technology Competence
In 2012, the ABA adopted an amendment to ABA Model Rule of Professional Responsibility 1.1, comment 8, providing that “a lawyer should keep abreast of changes in the law and its …
New Mexico Adopts Lawyer Anti-Discrimination Rule
Effective December 1, 2019, New Mexico became the sixth state to adopt a disciplinary standard identical to or analogous to the anti-discrimination provision of ABA Model Rule 8.4. See N.M. …
The Inexplicable Secrecy of Louisiana Judiciary Commission Proceedings
On August 11, 2019, the New Orleans Advocate ran an excellent expose on the secrecy of proceedings before the Louisiana Judiciary Commission. See Andrea Gallo and John Simerman, Jeff Hughes …
Louisiana District Attorneys Call for Amendment to Brady Obligation in Rule 3.8(d)
On July 22, 2019, the Louisiana District Attorneys Association sent a formal request to the Chief Justice of the Louisiana Supreme Court requesting that the court amend Louisiana Rule of …
Louisiana Code of Judicial Conduct Permits Questionable Solicitation by Judges
The Louisiana Code of Judicial Conduct generally prohibits a judge from soliciting funds on behalf of an educational, religious, charitable, or civic organization. See Louisiana Code of Judicial Conduct Canon …
Maine Becomes Third State to Adopt ABA Anti-Discrimination Rule
Effective June 1, 2019, Maine became the third state to adopt a disciplinary standard identical to or analogous to the anti-discrimination provision of ABA Model Rule 8.4. See 2019 Me. …
LSBA Rejects Rule Amendment to Clarify Prosecutors’ Brady Disclosure Obligations
Nearly two years ago, the Louisiana Supreme Court resolved an unsettled question as to whether a prosecutor’s “ethical” duty to disclose exculpatory evidence under Louisiana Rule of Professional Conduct 3.8(d) …
District of Columbia Committee Proposes Anti-Discrimination Rule
The District of Columbia Rules of Professional Conduct Review Committee has become the most recent body to propose an anti-discrimination and anti-harassment rule of professional conduct in the wake of …
What Should I Do With Funds in Trust When I Can’t Find the Client?
In 2016, the Louisiana Supreme Court amended Rule 1.15 to provide guidance to lawyers as to the what to do with “Unidentified Funds” in a trust account. See Order Amending …