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Proposed Florida Bar Advisory Opinion finds that lawyers may share fees with lawyers in firms owned with non-lawyers

Hello everyone and welcome to this Ethics Alert which will discuss Proposed Florida Bar Advisory Ethics Opinion 17-1 (June 23, 2017) which states that Florida Bar members may divide fees with out of state lawyers who are members of law firms which have non-lawyer ownership as permitted in the jurisdiction where the law firm is Read More

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U.S. Supreme Court holds that bad faith fee sanction under court’s inherent authority is limited to fees incurred solely from the misconduct

Hello everyone and welcome to this Ethics Alert which will discuss the important and very recent United States Supreme Court opinion which held that a bad faith fee sanction based upon a court’s inherent authority is limited to fees incurred solely as a result of the misconduct.  The case is Goodyear Tire & Rubber Co., Read More

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

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

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Online mechanic’s lien settlement software company Zlien settles Ohio unauthorized practice of law complaint

Hello and welcome to this Ethics Alert blog which will discuss the recent (July 20, 2016) Order approving the settlement of an Ohio unauthorized practice of law (UPL) complaint filed by the Cleveland Metropolitan Bar Association (CMBA) against an online mechanic’s lien settlement software maker called Express Lien, Inc. (d/b/a Zlien) and dismissing the complaint.  Read More

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ABA Formal Opinion 475 addresses when lawyers from different law firms are permitted to share a referral fee

Hello and welcome to this Ethics Alert blog which will discuss the recent American Bar Association Formal ethics Opinion which addresses when lawyers may share a fee in a referral arrangement.  The opinion is ABA Formal Ethics Opinion 475 and was issued on April 21, 2016.  The formal opinion is here: http://www.abajournal.com/files/FO_474.pdf Under ABA Model Read More

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Illinois Bar complaint alleges that lawyer left racially and religiously abusive voice mails and neglected a criminal appeal

Hello everyone and welcome to this Ethics Alert which will discuss the recent disciplinary complaint filed by the Illinois Disciplinary Commission against a Chicago, Illinois lawyer alleging, inter alia, that the lawyer left abusive voice mails telling the father of one client that “all black people are alike”, calling a nursing home administrator a “stupid Read More

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Tennessee lawyer who, inter alia, billed clients for watching crime TV shows and was “doggedly unrepentant” is suspended for one year

Hello everyone and welcome to this Ethics Alert which will discuss the recent Tennessee Supreme Court disciplinary opinion which suspended a lawyer for one year for, inter alia, billing clients for watching true-crime shows.  The opinion is Yarboro Sallee v. Tennessee Board of Professional Responsibility, No. E2014-01062-SC-R3-BP (July 23, 2015) and is online here:  http://www.tsc.state.tn.us/sites/default/files/salleeyarboro.opn_.pdf Read More

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Florida Bar’s Professional Ethics Committee will consider approval of Proposed Advisory Opinion 12-3 on cloud computing ethics at its meeting on June 28, 2013

Hello and welcome to this Ethics Alert blog with an update on the status of The Florida Bar’s Proposed  Advisory Opinion 12-3 on the ethics of cloud computing and protecting client confidences when lawyers want to store records in the digital “cloud” using third party vendors.  The Florida Bar’s Professional Ethics Committee (PEC) will consider Read More

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