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Virginia Lawyer charged with violating Bar client confidentiality and advertising rules for blogging about former clients and closed cases

Hello everyone and welcome to this edition of the JACPA Ethics Alert.  This Ethics Alert will discuss the recent disciplinary charges against a Virginia lawyer for violating Virginia’s disciplinary rules related to client confidentiality and advertising for blogging about his former clients and closed cases. The disciplinary case was scheduled for a hearing before a Read More

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Supreme Court of Pennsylvania begins Tweeting Notice of Opinions and Orders

            Hello everyone and welcome to this edition of the JACPA Ethics Alert.  This Ethics Alert will discuss the recent press release of the Supreme Court of Pennsylvania stating that it will publish its opinions and other information on a Twitter account. According an October 18, 2011 press release of the Administrative Office of Pennsylvania Read More

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New Jersey Lawyer Censured for Altering Law School Transcripts Provided to Law Firm

Hello everyone and welcome to this edition of the JACPA Ethics Alert.  This Ethics Alert will discuss the recent (October 5, 2011) disciplinary opinion censuring a New Jersey lawyer for altering his law school transcript to increase his class grades and providing multiple altered law school transcripts to two New Jersey law firms with whom Read More

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Mandatory Legal Malpractice Arbitration Clause in lawyer’s representation letter does not violate public policy: Florida Second DCA

            Hello everyone and welcome to this edition of the JACPA Ethics Alert.  This Ethics Alert will discuss the interesting recent case of Johnson, Pope, Bokor, Ruppel & Burns, LLP v. Forier, 67 So.3d 315 (Fla. 2d DCA 2011) (rehearing denied August 17, 2011) wherein the 2nd DCA found that an arbitration clause in a Read More

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Text messages inadmissible evidence: Pennsylvania Appellate Court says text messages were hearsay and not authenticated

Hello everyone and welcome to this edition of the Ethics Alert.  This Ethics Alert will discuss the September 16, 2011 Pennsylvania Appellate Court opinion which reversed and remanded a criminal conviction after finding that text messages were inadmissible hearsay and lacked authentication and could be used as evidence in a criminal case to show that Read More

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Jacksonville Federal District Judge rules that Florida Bar Rules prohibiting “manipulative” advertisements and background sounds other than instrumental music are unconstitutional

               Hello everyone and welcome to the October 4, 2011 edition of the Ethics Alert.  This Ethics Alert will discuss the very recent media reports of the September 30, 2011 federal district court opinion which struck the Florida Bar advertising rules which prohibit “manipulative” advertising language and background sounds other than instrumental music as violations Read More

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Florida Bar’s Professional Ethics Committee Directs Staff to Draft Advisory Opinion Considering Whether Prosecutors can Require Waivers of Ineffective Assistance and Prosecutorial Misconduct Claims in Exchange for a Plea

Hello everyone and welcome to this JACPA Ethics Alert.  This Ethics Alert will discuss the recent decision of the Professional Ethics Committee of The Florida Bar (PEC) to issue an advisory opinion considering whether prosecutors can require waivers of ineffective assistance and prosecutorial misconduct claims in exchange for a plea to criminal charges.  As I Read More

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Letters of Protection, Notice of Receipt of Trust Funds, and Disputes over Settlement Funds in Personal Injury and Other Matters

Hello everyone and welcome to this JACPA Ethics Alert.  Since I have been fielding questions on these issues recently, this Ethics Alert will briefly discuss the Rules Regulating The Florida Bar and issues and answers related to lawyers’ Letters of Protection (LOPs), notification of third party lien holders of receipt of trust funds, and disputes Read More

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Second DCA says plaintiff’s law firm must be disqualified when it also represents defendant’s former lawyer in a related legal malpractice action

Hello everyone and welcome to this JACPA Ethics Alert.  This Alert will discuss the September 21, 2011 Second District Court of Appeal opinion which granted a writ of certiorari and remanded the denial of the disqualification of the law firm stating that the law firm must be disqualified since it also represented the defendant’s former Read More

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Recent ABA Opinion Says Lawyers Can Assist Clients With Communications to Represented Persons/Spouses

          Hello everyone and welcome to this JACPA Ethics Alert!  The ABA Standing Committee on Ethics and Professional Responsibility recently released Formal Ethics Opinion 11-461 (August 4, 2011) Advising Clients Regarding Direct Contacts with Represented Persons and this Ethics Alert will discuss the Opinion.  As I have previously indicated, ABA (and The Florida Bar) Ethics Read More

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