Conflicts of interest aren’t always straightforward, especially with trust and estate planning matters. The Supreme Court of Utah recently determined that there was no former client conflict under Utah’s Rule 1.9 where lawyers were found to have only represented the
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Must Lawyers Always Tell the Truth (Even When Negotiating Settlement Agreements)?
This blog post was co-authored by Thompson Hine partner Tony Rospert and associate Micah Fishman.
Yes. Or at Least, They Shouldn’t Lie. (Do We Even Need to Say That?)
Lawyers experienced in the art of settlement negotiations can become…
ABA delivers guidance on “reasonable measures” required to avoid imputing prospective client conflicts to the entire firm
A common situation faced by law firms – and especially larger law firms – is the potential conflicts and disqualifications posed by Model Rule 1.10(a)’s imputation of one lawyer’s conflicts to all lawyers in the firm. This can become a…
To review or not to review…links to a DropBox site
You just figured out that the materials you got from opposing counsel include documents that may have been inadvertently included. What should you do? Model Rule 4.4(b) provides a clear answer—promptly notify the sender. But what happens when you receive,…
Artificial Intelligence: Where to turn when AI is everywhere
Like it or not, artificial intelligence is not going away and it’s evolving—quickly. While AI talk has been brewing for quite some time, many of us assumed AI’s direct effect on our business was still years off. But over…
Corporate Transparency Act: Ethical Considerations for 2024
If you have not heard of the Corporate Transparency Act (CTA), now is the time to become familiar. Millions of companies will be affected by its reporting requirements. With the effective date being right around the corner, all lawyers need…
Ohio provides guidance on permissible bonus structures for nonlawyer staff
Qualified non-lawyer support staff is a key component to the operation of many law firms and law offices across the country. Accordingly, the lawyers in those firms have a great interest in retaining exceptional nonlawyer staff. But the Ohio Board…
ABA distinguishes between legitimate witness preparation and improper coaching tactics
The ABA Standing Committee on Ethics and Professional Responsibility, (the Committee”) recently issued Formal Opinion 508—which highlights the differences between proper witness preparation and unethical “coaching.” The Opinion also sheds light on how remote platforms have paved the way…
Rule 1.8(h): Permissibly limiting your malpractice liability or unwittingly violating ethics rules?
Rule 1.8 addresses conflicts that can arise between a lawyer and client (as opposed conflicts between clients). Prior to the adoption of Model Rule 1.8 in 1983, the ABA Model Code flatly prohibited agreements limiting liability. DR 6-102(A) provided that…
ABA Opinion simplifies choice-of-law rules through various scenarios
Multijurisdictional practice can make any lawyer’s head spin, especially for lawyers licensed in multiple jurisdictions. The ABA Standing Committee of Ethics and Professional Responsibility, (the “Committee”) recently issued Formal Opinion 504, which breaks down the choice-of-law rules found in…