Must I Self-Report My Own Misconduct?
This is a question that I get a lot—usually on a Monday morning from a lawyer who had the misfortune of being arrested for DWI or another misdemeanor over the …
May I “Clean Up” My Client’s Social Media Pages in Advance of Litigation?
Yes, but don’t destroy any evidence. A 2015 Florida State Bar Association ethics advisory committee addressed whether a lawyer may advise a client to “clean up” social-media pages in anticipation of …
June 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 June 2015. Louisiana Supreme Court David …
Should Your Law Firm Do an Ethics Audit?
At least one bar association thinks so. The Washington State Bar recently posted a “Self-Audit Checklist” that has a lawyer/self-auditor consider questions such as the following: Client Relations. Does your firm have …
Is an Unethical Agreement to Share Fees with a Nonlawyer Enforceable?
The West Virginia Supreme Court recently considered whether a nonlawyer who worked with a lawyer on toxic tort cases could “share the benefits half/half, 50/50.” See Rich v. Simoni, No. 14-0998, …
Can a Plaintiff Who Gets a Discount from a Doctor Recover the Full, Undiscounted Amount from the Defendant?
The Louisiana Supreme Court may soon answer this question. In Hoffman v. 21st Century N. Am. Ins. Co., No. 2013-CA-0054 (La. Ct. App. 1 Cir. Mar. 27, 2014), the Louisiana First Circuit Court of …
The Duty of Confidentiality Protects Even Publicly Available Information
The Standing Committee on Professional Responsibility and Conduct of the California State Bar has issued an advisory opinion addressing the scope of a lawyer’s duty to refrain from disclosing potentially …
Should Lawyers Reconsider Confidential Email Communications?
No, but it’s a question worth asking. The Professional Ethics Committee for the State Bar of Texas recently considered whether a lawyer should continue using email for client communications in …
Keep the Judge You Have
On June 5, 2015, the United States District Court for the Eastern District of Louisiana suspended a New Orleans lawyer from the practice of law in the district for conduct …
Take the Judge You Get
The Louisiana Supreme Court publicly reprimanded Baton Rouge lawyer Brian A. Eddington for attempted judge shopping. See In re Brian A. Eddington, No. 2015-B-0629 (La. May 1, 2015). In an effort …