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Divided Florida Supreme Court approves referee’s recommendation and reinstates lawyer who intentionally failed to file federal tax returns

Hello everyone and welcome to this JACPA Ethics Alert blog which will discuss the recent Florida Supreme Court per curiam Order which, by a 4-3 vote, reinstated a lawyer to practice who apparently willfully failed to file income tax returns for the years 2007 and 2008 until early 2010 and failed to timely file the Read More

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Nevada Supreme Court says lawyer should not be disqualified for using confidential information from anonymous source

Hello everyone and welcome to this JACPA Ethics Alert.  This Ethics Alert will discuss the recent Nevada Supreme Court case which held that a lawyer who received and used confidential/privileged information from an anonymous source in litigation should not be disqualified because he promptly notified opposing counsel of the anonymous disclosure and did not review Read More

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Florida Supreme Court reverses Referee, finds lawyer guilty of dishonesty, and increases discipline from 10 day to 91 day suspension

Hello everyone and welcome to this JACPA Ethics Alert. This Ethics Alert will discuss the very recent Florida Supreme Court opinion which reversed a referee’s recommendation that a lawyer be found not guilty of dishonesty and increased the sanction from a 10 day suspension to a 91 day suspension.  The case is The Florida Bar Read More

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Florida 2nd DCA disqualifies bank’s law firm in foreclosure related action since it also represented the defendant’s former lawyer in related malpractice claim

Hello everyone and welcome to this JACPA Ethics Alert.  This Ethics Alert will discuss the recent (September 21, 2011) Second District Court of Appeal opinion which held that a law firm which represents a defendant’s former lawyer in a related legal malpractice litigation must be disqualified.  The case is: Frye v. Ironstone Bank, f/k/a Atlantic Read More

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Florida State Courts Technology Committee says mandatory electronic filing should be fully implemented before the end of 2013

Hello everyone and welcome to this JACPA Ethics Alert.  This Ethics Alert will discuss the recent (October 7, 2011) Florida Courts Technology Committee (FCTC) Supplemental Comments and Plan filed with the Supreme Court of Florida indicating, inter alia, that e-filing should be implemented by the end of the year 2013 as well as a plan Read More

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Law Firm’s Contact With Both Sides in Illinois Divorce Case Results in a Denial of all Attorney’s Fees

Welcome to this JACPA Ethics Alert which will discuss an Illinois appeals court case that addresses the area of conflicts of interest in family law cases.  In an October 14, 2011 opinion, an Illinois appellate court affirmed the trail court which found that a law firm which represented the wife in a divorce after initially Read More

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Law Firm’s Contact With Both Sides in Illinois Divorce Case Results in a “Scary” Denial of all Attorney’s Fees

Happy Halloween and welcome to this “scary” JACPA Ethics Alert.  This Alert will discuss an Illinois appeals court case that addresses the scary area of conflicts of interest in family law cases.  In an October 14, 2011 opinion, an Illinois appellate court affirmed the trail court which found that a law firm which represented the Read More

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Firm’s Restrictive Agreement With Opposing Party Created Non-Waivable Conflict of Interest Second Circuit Rules

Hello everyone and welcome to this edition of the JACPA Ethics Alert.  This Alert will discuss the recent United States Second Circuit Court of Appeals case which ruled that a law firm representing employees in discrimination claims had an non-waivable conflict when it entered into an agreement wherein Nextel would pay the law firm $2 Read More

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Pennsylvania Lawyer Suspended for Three Years after Conviction for Delivering Marijuana to a Jail Inmate

Hello everyone and welcome to this edition of the JACPA Ethics Alert.  This Alert will discuss the recent case of a Pennsylvania lawyer who was suspended after his conviction for delivering marijuana to a jail inmate.  The lawyer was initially suspended on February 3, 2010 based on his felony conviction and, in an Order of Read More

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Florida Appellate Opinion Finds That Termination of Services “Penalty” Clause In Probate Contingency Fee Agreement Violates Bar Rule 4–1.5 and is Unenforceable

Hello everyone and welcome to this edition of the JACPA Ethics Alert.  This Alert will discuss the very recent Florida 4th DCA case wherein the court found a termination of services clause in a probate contingent fee to be unenforceable and a violation of Florida Bar Rule 4-1.5.   The case is Guy Bennett Rubin, P.A. Read More

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