Sloppy Arbitration Clauses are Unenforceable
On December 21, 2020, the Supreme Court of New Jersey refused to enforce a lawyer-client arbitration clause because the lawyer failed give the client an “explanation of the advantages or …
ABA Issues Formal Opinion on Application of Anti-Discrimination Model Rule 8.4(g)
On July 15, 2020, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 493 to provide guidance on the purpose, scope, and application of Model Rule 8.4(g). …
November 2020 Discipline
These lawyers were the subject of Louisiana Supreme Court disciplinary orders or Louisiana Attorney Disciplinary Board recommendations published during the month of November 2020. Louisiana Supreme Court Erin L. Tyrer. …
Louisiana Rejects Collectibility Rule in Legal Malpractice Cases
On November 19. 2020, the Louisiana Supreme Court ruled that “proof of collectibility of an underlying judgment is not an element necessary for a plaintiff to establish a claim for legal …
October 2020 Discipline
These lawyers were the subject of Louisiana Supreme Court disciplinary orders or Louisiana Attorney Disciplinary Board recommendations published during the month of October 2020. Louisiana Supreme Court Luke Joseph Thibodeaux, …
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 …
ABA Issues Opinion on Conflicts Arising Out of Personal Relationship with Opposing Counsel
May a lawyer handle a matter in which the lawyer’s opponent is represented by the lawyer’s good friend? The lawyer’s neighbor? Girlfriend or boyfriend? In July 2020, the ABA Standing …
Are Unusual Contingency Fee Agreements Lawyer-Client Business Transactions?
Yes, according to a recent decision by the United States Fifth Circuit Court of Appeals. See Weiner, Weiss & Madison, APC v. Fox, No. 19-30688 (5th Cir. Aug. 21, 2020). …
September 2020 Discipline
These lawyers were the subject of Louisiana Supreme Court disciplinary orders or Louisiana Attorney Disciplinary Board recommendations published during the month of September 2020. Louisiana Supreme Court Cynthia Ann Sternberg. …