A California Court ruled that depending on the terms and language of a Settlement Agreement – and whether the attorney signs it for any reason (where the attorney signed as approving to form and content) – an attorney may be
Protecting Your Legal Practice
CSG’s Blog on Best Practices for Lawyers
The blog "Protecting Your Legal Practice," published by Chiesa Shahinian & Giantomasi PC, focuses on issues related to legal ethics, professional responsibility, and risk management for attorneys. It covers topics such as attorney disciplinary systems, ethical considerations in emerging areas like cannabis law, conflicts of interest, malpractice risks, and compliance with professional conduct rules. The blog also addresses practical guidance on navigating investigations, maintaining ethical standards in client relationships, and managing challenges posed by technological and procedural changes in legal practice. It serves as a resource for lawyers seeking to understand and mitigate risks inherent in legal practice.
Latest from Protecting Your Legal Practice - Page 4
Law Firm’s Arbitration Clause Contained in a Retainer Agreement is Unenforceable as it Violates RPCs
The Appellate Division recently ruled that a retainer agreement which contained a mandatory arbitration clause, for both fee disputes and legal malpractice claims, is unenforceable against the firm’s former client, under the circumstances. Delaney v. Trent S. Dickey and Sills Cummis…
Pro Bono Clients Entitled to Same Quality of Service as Paid Clients
As the Model Rules of Professional Conduct demonstrate, a lawyer may serve many functions for a client: advisor, advocate, negotiator, or evaluator, to name a few. Under any role, however, a lawyer is obligated to act with the best interests…
Lawyers may purchase a Google AdwordSM or keyword that is a competitor lawyer’s name, but there are ethical limits to what lawyers can do with search engine services
On June 25, 2019, the New Jersey Supreme Court’s Advisory Committee on Professional Ethics issued Opinion Number 735, deciding that Lawyer A can ethically purchase a Google AdwordSM or keyword that is competitor Lawyer B’s name (e.g., Pat Smith Law…
Check Yourself: Are You in Good Standing?
There are three basic components to an attorney’s eligibility to practice in the State of New Jersey: (1) annual registration, including making the required annual payments to the Lawyer’s Fund for Client Protection (N.J. Ct. R. 1:28); (2) fulfilling the…
New York ethics opinion requires attorneys paid in cryptocurrency to treat it as business transaction
The ABCNY has issued Formal Opinion 2019-5, requiring a lawyer receiving payment in cryptocurrency to comply with RPC 1.8(a) (business transactions with client), concluding it is different than an ordinary fee agreement. It is thus advisable for attorneys to become…
Lawyers may now serve as municipal prosecutor and planning board attorney in same municipality: (Opinion 736)
On June 25, 2019, the New Jersey Supreme Court’s Advisory Committee on Professional Ethics issued Opinion Number 736, deciding that a lawyer is not per se prohibited from concurrently serving as a municipal prosecutor and planning board attorney in the…
Is it Really Better to Know the Judge than Know the Law?
A recent Appellate Division case exposes the pitfalls of “judge-shopping” by a former law clerk with the cooperation of the judge. In Goldfarb v. Solimine, Docket No. A-3740-16T2, (June 26, 2019) the panel ruled that a plaintiff alleging promissory estoppel…
The Role of the Engagement Letter in Setting Client Expectations and Avoiding Legal Malpractice Claims
A recent Appellate Division decision illustrates the importance of a solid engagement letter that sets forth both the scope of the engagement as well as any limitations on the scope, i.e., what the lawyer is not being retained to do.…
Failure to Comply with Local Procedural Rules Could Lead to Malpractice Claim
The New Jersey Appellate Division recently confirmed how important it is to comply with procedural court rules, especially when the Court has given guidance as to how to comply with them. In Cuomo v. TSI Ridgewood, Docket No A-4898-17T4, Defendant’s…