Must I Tell My Client That I Committed Malpractice?
You missed the prescriptive period. The case is over. Kaput. Do you have to tell your client? Yes, according to a recent ethics opinion from the North Carolina State Bar Association. See …
Court Expands “Fraud” Exception to Peremption in Louisiana Legal Malpractice Cases
Under Louisiana legal malpractice law, an aggrieved client must file suit within three years of the lawyer’s alleged act of malpractice, and within one year of actual or constructive knowledge …
Can Crowdfunding be Used to Finance a Law Firm?
Maybe, according to a recent New York State Bar Association ethics advisory opinion. See N.Y. State Bar Assoc. Cmte. on Prof’l Ethics, Op. 1062 (Jun. 29, 2015). “Crowdfunding” involves raising money …
Judges May Not Refuse to Perform Same-Sex Marriages
The Supreme Court of Ohio Board of Professional Conduct issued an opinion on August 7, 2015, advising that “a judge who exercises the authority to perform civil marriages may not refuse to …
Lawyer Invokes Common Law Right to Trial by Combat
Staten Island lawyer Richard A. Luthmann, after being sued by an opponent, invoked his “common law right to Trial By Combat as against Plaintiffs and their counsel.” See Reply Affirmation of …
July 2015 Discipline
These lawyers were the subject of Louisiana Supreme Court disciplinary orders or Louisiana Attorney Disciplinary Board recommendations that were made public during the month of July 2015. Louisiana Supreme Court Gerald …
ABA Considering New Model Rule Prohibiting Harassment and Discrimination
The ABA is again considering whether to adopt a model rule of professional conduct prohibiting a lawyer from engaging in harassment or discrimination based on various human conditions. See ABA Standing …
New York Bar Updates Social Media Ethics Guidelines for Lawyers
As we discussed here in 2014, the New York State Bar Association issued Social Media Ethics Guidelines last year to help lawyers comply with the rules of professional conduct when …
Is Overtime Pay Required for Contract Lawyers Who Do Mindless Document Review?
Maybe so. In September 2014, the U.S. District Court for the Southern District of New York dismissed a lawyer’s claim against his former employers for overtime pay that he believed he had accumulated …
Do You Have a Law-Practice Succession Plan?
The Louisiana State Bar Association thinks that you should. In June 2015, the LSBA House of Delegates and Board of Governors approved a resolution proposing the adoption of a new …