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Florida Bar’s Professional Ethics Committee concludes that a lawyer can forgive advanced costs after a negligence case is resolved

Hello everyone and welcome to this Ethics Alert blog which will discuss the Bar Professional Ethics Committee’s (PEC) Proposed Advisory Opinion 16-1, which concludes that a lawyer can forgive advanced costs at the conclusion of a negligence case when the lawyer also does not take a fee and inform lien holders and the lawyer advises Read More

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Florida Bar’s Board of Governors will vote on substantial revisions to Bar rules related to lawyer referral services

Hello everyone and welcome to this Ethics Alert blog which will discuss the proposed revisions to the lawyer referral Bar rules which would change the names to “matching services” and “qualifying providers” and substantially revise the existing referral rules.  The proposed rule revisions are here:  https://www.floridabar.org/TFB/TFBResources.nsf/Attachments/D8FFF4171E28E5C085257FA300648D6B/$FILE/4-7.22%20et%20al%20legislative.pdf?OpenElement The proposed rules address for-profit companies that link lawyers Read More

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Eighth Circuit Appeals Court reverses trial court and permits law firm to withdraw for client’s failure to pay fees and fulfill obligations to lawyer

Hello everyone and welcome to this Ethics Alert blog which will discuss the recent opinion of the Eighth Circuit Court of Appeals reversing a trial court order and permitting a law firm to withdraw because of the client’s failure to pay the firm’s fees and to provide the firm with information “critical for its defense.” Read More

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Ohio Supreme Court suspends lawyer who engaged in sexually oriented text messages with a client

Hello everyone and welcome to this Ethics Alert blog which will discuss the June 14, 2016 Ohio Supreme Court disciplinary opinion suspending a lawyer for one year (with six months stayed) for engaging in voluntary sexually explicit text messages and photos with a client.  The case is Disciplinary Counsel v. Bartels, Case No. 2015-1638, Slip Read More

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Association of Professional Responsibility Lawyers (APRL) issues report recommending substantial revisions to advertising and solicitation rules

Hello everyone and welcome to this Ethics Alert blog which will discuss the recent report of the Advertising Committee of Association of Professional Responsibility Lawyers (APRL) recommending revisions to the lawyer solicitation rules.  The April 26, 2016 report of the APRL Regulation of Lawyer Advertising Committee is here:  https://www.aprl.net/publications/downloads/APRL_2016_Lawyer-Advertising-Supplemental-Report_04-26-16_w-Attach.pdf The APRL Advertising Committee’s previous report Read More

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New York State Bar ethics opinion addresses ethics issues when a lawyer copies a client with communications to opposing counsel

Hello everyone and welcome to this Ethics Alert blog which will discuss the recent New York State Bar Association Ethics Opinion addressing ethics issues related to a lawyer sending correspondence to opposing counsel and copying the client.  The Ethics Opinion is NYSBA Ethics Op. 1076 (Dec. 2015) and the opinion is here:  https://www.nysba.org/CustomTemplates/Content.aspx?id=60757 The opinion Read More

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Can a referring lawyer be held liable for the referral lawyer’s malpractice?

Hello everyone and welcome to this Ethics Alert blog which will discuss whether a lawyer could be potentially liable for another lawyer’s legal malpractice (and potential Bar rule violations) by making a referral.  The short answer is yes.  Of course, under the Florida Bar lawyer disciplinary rules and most, if not all, jurisdictions, it is Read More

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