Florida Bar will file petition with Florida Supreme Court with revisions to Rule 4-1.8(c) to prohibit a lawyer from soliciting any gifts from client

By Admin | Published September 25, 2016 | Posted in Florida Lawyer Ethics and Professionalism, joe corsmeier, Joseph Corsmeier, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer gifts from clients, Lawyer soliciting or preparing instrument with gift from client | Tagged Tags: Attorney Ethics, Bar ethics rules, corsmeier, Florida Bar, Lawyer soliciting or accepting gift in intrsruments, Lawyer soliciting or accepting gifts | Leave a comment

Hello and welcome to this Ethics Alert which will discuss the proposed revision to Florida Bar Rule 4-1.8(c), which would prohibit a lawyer from soliciting any gift from a client. The BOG approved the rule amendments and the Bar will file an Omnibus Rules Petition with the proposed rule amendment with the Florida Supreme Court Read More

Florida lawyer suspended for 91 days for obtaining witness information for NCAA related to University of Miami football investigation for a fee

By Admin | Published September 9, 2016 | Posted in Attorney discipline, Attorney misrepresentation, Florida lawyer trust accounts, IOTA trust account, joe corsmeier, Joseph Corsmeier, Lawyer conduct prejudicial to the administration of justice, Lawyer discipline, Lawyer escrow accounts, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer lack of competence, Lawyer lack of diligence, Lawyer misrepresentation, lawyer trust account rule violations | Tagged Tags: Attorney Ethics, Bar ethics rules, corsmeier, dishonesty, Florida Bar, Lawyer advertising rules, lawyer conduct prejudicial to the administration of justice, lawyer discipline | Leave a comment

Hello and welcome to this Ethics Alert which will discuss the September 8, 2016 Florida Supreme Court disciplinary Order suspending a lawyer for 91 days for, inter alia, scheduling witness statements and obtaining information for the NCAA related to its investigation of the University of Miami football program for a fee. The case is The Read More

Florida Bar will file petition with Florida Supreme Court with revisions to Rule 4-5.8 to clarify which clients must be notified of lawyer’s departure

By Admin | Published September 5, 2016 | Posted in Departing lawyer and law firm responsibilities, Florida Bar Rule 4-5.8 2016 proposed amendment, Florida Bar Rule 4-5.8 lawyers leaving law firms, joe corsmeier, Joseph Corsmeier, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyers leaving law firms | Tagged Tags: Attorney Ethics, Bar ethics rules, corsmeier, Florida Bar, Florida Bar Rule 4-5.8, joseph corsmeier, Lawyers leaving law irms | Leave a comment

Hello and welcome to this Ethics Alert which will discuss the proposed additions to the Comment to Florida Bar Rule 4-5.8, which addresses the issue of what firm clients must be notified of a lawyer’s departure from the law firm. The BOG approved the rule amendments and the Bar will file an Omnibus Rules Petition Read More

The Florida Bar will file petition with advertising rule amendment regarding lawyer’s use of “expert” and “specialist” on October 15, 2016

By Admin | Published September 2, 2016 | Posted in Florida 2013 advertising rules federal lawsuit, Florida 2013 comprehensive lawyer advertising rules, Florida Lawyer Ethics and Professionalism, joe corsmeier, Joseph Corsmeier, Lawyer advertising, Lawyer advertising and solicitation, Lawyer advertising specialties and certification, Lawyer advertising testimonials, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer use of expertise and specialist in advertising and certification, Lawyers use of specialization and expertise ethics | Tagged Tags: Attorney advertising rules, Attorney Ethics, Bar ethics rules, corsmeier, Florida Bar, Florida Bar Advertising Rules, joseph corsmeier, lawyer advertising, Lawyer advertising rules, Lawyer use of expertise and expert and certification | Leave a comment

Hello and welcome to this update of the May 25, 2016 Ethics Alert regarding the proposed amendment to Florida Bar Rule 4-7.14 with new subsection 4-1.14(a)(5) related to claims of “specialization” and “expertise” in advertisements. The BOG approved the rule amendment and the Bar will file an Omnibus Rules Petition with the proposed rule amendment Read More

Zealous representation or lawyer misconduct? Where does the Florida Supreme Court draw the line?

By Admin | Published August 25, 2016 | Posted in Attorney discipline, joe corsmeier, Joseph Corsmeier, Lawyer conduct adversely affecting fitness to practice, Lawyer conduct prejudicial to the administration of justice, Lawyer derogatory remarks, Lawyer disbarment, Lawyer discipline, Lawyer disparaging comments about lawyers and judges, Lawyer disparaging comments about lawyers and judges in pleadings and appeals, Lawyer disrupting tribunal, Lawyer disruptive conduct, Lawyer disruptive litigation conduct, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer failure to notify clients of suspension, Lawyer impugning qualifications or integrity of judge, Lawyer permanent disbarment, Lawyer permanent disbarment for contempt of suspension order, Lawyer sanctions, Lawyer unauthorized practice of law while suspended, Lawyer unlicensed practice of law, Lawyer violation of court order, Lawyer wilful failure to comply with court order | Tagged Tags: Attorney Ethics, Bar ethics rules, corsmeier, Florida Bar, Florida Bar discipline, Florida lawyer ethics, joseph corsmeier, Lawyer conduct adversely reflecting fitness to practice, lawyer conduct prejudicial to the administration of justice, lawyer discipline, lawyer impugning integrity of judge, Lawyer misconduct in courtroom, lawyer permanent disbarment, Lawyer violation of order of discipline | Leave a comment

Hello everyone and welcome to this Ethics Alert will discuss the lawyer’s duty to competently and zealously represent a client and the Florida Supreme Court decisions addressing when a lawyer’s conduct may cross the line and constitute misconduct and violate the Florida Bar Rules. Lawyers understand that they should zealously represent clients and, while that Read More

Florida Bar’s Board of Governors approves amendment to Bar Rule which would permit credit unions to accept IOTA accounts

By Admin | Published August 19, 2016 | Posted in Florida Bar, Florida lawyer trust accounts, joe corsmeier, Joseph Corsmeier, Lawyer escrow accounts, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer trust accounts, Lawyer trust IOTA trust account rules failure to pay letter of protection | Tagged Tags: Attorney Ethics, corsmeier, joseph corsmeier, Lawyer IOTA trust accounts, lawyer trust accounts, trust accounts | Leave a comment

Hello everyone and welcome to this Ethics Alert will discuss the recent vote of the Florida Bar Board of Governors (BOG) to revise Bar Rule 5-1.1 to permit credit unions to accept and administer the IOTA trust accounts of Florida lawyers. The vote is discussed in an article in The August 15, 2016 issue of Read More

Lawyer-Client Confidentiality and Privilege: What is the Difference?

By Admin | Published August 18, 2016 | Posted in Attorney/client confidentiality, Attorney/client privilege and confidentiality, Confidentiality, Confidentiality and privilege, joe corsmeier, Joseph Corsmeier, Lawyer ethics, Lawyer Ethics and Professionalism | Tagged Tags: Attorney Ethics, attorney/client privilege, Bar ethics rules, client confidentiality, confidentiality, corsmeier, Florida Bar, inadvertent disclosure of confidential documents, joseph corsmeier, lawyer confidentiality, statutory attorney/client privilege | Leave a comment

This Ethics Alert blog will discuss the terms lawyer-client confidentiality and lawyer-client privilege are often used interchangeably and the differences between them may become somewhat blurred. Although both terms address information related to the client that a lawyer cannot reveal and both are used primarily to protect the client’s ability to confide freely with the Read More

Lawyer’s ethical obligations in surrendering client papers and property after termination of representation and asserting retaining liens

By Admin | Published August 17, 2016 | Posted in ABA formal opinions, Ethics and lawyer withdrawal, Florida Lawyer Ethics and Professionalism, Florida lawyer ethics client file retaining liens, Florida Lawyer Professionalism, joe corsmeier, Joseph Corsmeier, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer ethics opinions, Lawyer ethics retaining liens, Lawyer ethics returning documents to client after termination | Tagged Tags: Attorney Ethics, Bar ethics rules, corsmeier, Florida Bar, Florida Bar discipline, Florida Bar Ethics Opinions, joseph corsmeier, Lawyer ethics Florida client retaining liens | Leave a comment

Hello everyone and welcome to this Ethics Alert will discuss the lawyer’s ethical obligations to surrender papers and property to which the former client is entitled after termination of the representation and asserting retaining liens. American Bar Association Formal Ethics Opinion 471 provides a good overview of these ethical obligations. The July 1, 2015 ABA Read More

Lawyer’s ethical obligations in surrendering client papers and property after termination of the representation

By Admin | Published August 16, 2016 | Posted in ABA Ethics opinion in providing file documents to former clients after termination, ABA formal opinions, Attorney Ethics, joe corsmeier, Joseph Corsmeier, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer ethics opinion in providing file documents to former clients after termination, Lawyer ethics opinions, Lawyer ethics returning documents to client after termination | Leave a comment

Hello everyone and welcome to this Ethics Alert will discuss American Bar Association Formal Ethics Opinion 471 which addresses the lawyer’s ethical obligations to surrender papers and property to which the former client is entitled after termination of the representation. The ABA opinion and provides a good overview of those obligations. The advisory opinion was Read More

South Carolina ethics advisory opinion states that matching legal services such as those offered by Avvo are prohibited

By Admin | Published August 12, 2016 | Posted in Attorney discipline, Avvo legal services, joe corsmeier, Joseph Corsmeier, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer ethics opinions, Lawyer improper referral fees and fee splitting, Lawyer matching services Avvo, Lawyer referral fees, Lawyer Referral Services, Lawyer sharing fees with non-lawyers | Tagged Tags: Attorney Ethics, Avvo matching services, Bar ethics rules, corsmeier, improper fee splitting and referral fees Avvo, joseph corsmeier, lawyer ethics opinions Avvo and lawyer matching services | Leave a comment

Hello everyone and welcome to this Ethics Alert which will discuss the recent South Carolina ethics advisory opinion which states that marketing fees to non-lawyer companies collected as part of legal fees are prohibited. The advisory opinion is here: https://www.scbar.org/Bar-Members/Ethics-Advisory-Opinions/Opinion-View/ArticleId/2455/Ethics-Advisory-Opinion-16-06 The July 14, 2016 ethics advisory opinion discusses a marketing program and fee arrangement similar to Read More

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