When Will a Lawyer’s Malpractice be “Sanctionable Misconduct?”
The most fundamental obligation that a lawyer owes to a client is the duty to handle the client’s matter competently. See La. Rules of Prof’l Conduct, r. 1.1. Incompetent lawyering can …
April 2022 Discipline
These lawyers were the subject of Louisiana Supreme Court disciplinary orders or Louisiana Attorney Disciplinary Board recommendations published during the month of April 2022. Louisiana Supreme Court Michael Allen Smith, …
Switching Law Firms and Switching Sides
For most lawyers, the days of spending your entire legal career at the same law firm are over. Indeed, many lawyers move law firms at least once or twice during …
New ABA Opinion Gets it Wrong on a Lawyer’s Duty to Admit Malpractice
Recognizing that “[e]ven the best lawyers may err,” the ABA Standing Committee on Ethics and Professional Responsibility has issued a formal opinion addressing when a lawyer must inform a client …
A Lawyer May “BCC” Client Over Opponent’s Objection
May a lawyer ethically send the lawyer’s client a blind copy of an email to opposing counsel where opposing counsel has objected to such practice? That is a question recently …
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 …
De Minimis Violations Not Sanctionable
All disciplinary violations are not created equal. The Louisiana Supreme Court has held that conduct constituting a relatively minor violation of the Louisiana Rules of Professional Conduct will not result …