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

By Admin | Published June 6, 2016 | Posted in Florida Bar rule 4-1.5 resolution of extraordinary liens, Florida Lawyer Ethics and Professionalism, joe corsmeier, Joseph Corsmeier, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer referral fees, Lawyer referral fees legal malpractice, Lawyer referral fees void under Chandris, Lawyer referrals liability for legal malpractice | Tagged Tags: Attorney Ethics, Bar ethics rules, corsmeier, Florida Bar, joseph corsmeier, Lawyer referrals legal malpractice liability | 2 Comments

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

Florida Supreme Court reprimands lawyer for distributing settlement funds without paying medical provider which had letter of protection

By Admin | Published June 1, 2016 | Posted in Attorney discipline, Florida Lawyer Ethics and Professionalism, Florida Lawyer Professionalism, Florida lawyer trust accounts, IOTA trust account, joe corsmeier, Joseph Corsmeier, Lawyer escrow accounts, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer sanctions, Lawyer trust account discipline, lawyer trust account rule violations, Lawyer trust accounts, Lawyer trust IOTA trust account rules failure to pay letter of protection, Letters of protection | Tagged Tags: Attorney Ethics, Bar ethics rules, corsmeier, Florida Bar, Florida Bar discipline, joseph corsmeier, lawyer discipline, lawyer trust accounts, trust accounts | Leave a comment

Hello everyone and welcome to this Ethics Alert blog which will discuss the March 3, 2016 Florida Supreme Court Order and reprimanding a lawyer for failing to pay a provider who held a letter of protection in a personal injury matter from the proceeds of a personal injury settlement. The case is: The Florida Bar Read More

Florida Bar Board of Governors approves Florida Bar advertising rule amendment regarding lawyer’s use of “expert” and “specialist”

By Admin | Published May 25, 2016 | Posted in 2013 Florida comprehensive advertising rule revisions, Florida Lawyer advertising rules, joe corsmeier, Joseph Corsmeier, Lawyer advertising, Lawyer advertising specialties and certification, Lawyer ethics, Lawyer Ethics and Professionalism, 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, lawyers use of expertise and specialization | 1 Comment

Hello and welcome to this update of my May 19, 2016 Ethics Alert regarding the Florida Bar Board of Governors’ final review of the proposed amendment to Florida Bar Rule 4-7.14 related to claims of specialization and expertise in advertisements. The BOG approved the rule amendment as drafted at its meeting on May 20, 2016 Read More

Florida Bar Board of Governors will consider final action on rule amendment regarding use of “expert” and “specialist”

By Admin | Published May 19, 2016 | Posted in 2013 Florida comprehensive advertising rule revisions, Florida 2013 advertising rules federal lawsuit, Florida 2013 comprehensive lawyer advertising rules, Florida Lawyer advertising rules, Florida Lawyer Ethics and Professionalism, joe corsmeier, Joseph Corsmeier, Lawyer advertising specialties and certification, Lawyer ethics, Lawyer Ethics and Professionalism | 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 advertising specialization and certification | 1 Comment

Hello and welcome to this Ethics Alert blog which will discuss the upcoming Florida Bar Board of Governors meeting this week in Palm Beach wherein the BOG is scheduled to vote on final action regarding a proposed amendment to Florida Bar Rule 4-7.14 related to claims of specialization and expertise. The proposed amendment was drafted Read More

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

By Admin | Published April 25, 2016 | Posted in ABA Formal Ethics Opinion referral fees, ABA Formal Opinion referral fees and conflict of interest, ABA formal opinions, Attorney Ethics, joe corsmeier, Joseph Corsmeier, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer improper fees, Lawyer referral fees | Leave a comment

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: https://www.abajournal.com/files/FO_474.pdf Under ABA Model Read More

New Jersey Supreme Court opinion holds that lawyers accused of improper Facebook access can be charged with ethics violations

By Admin | Published April 21, 2016 | Posted in Attorney discipline, Attorney misrepresentation, dishonesty, joe corsmeier, Joseph Corsmeier, Lawyer discipline, Lawyer discipline social media misuse, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer misconduct improper Facebook access, Lawyer misconduct improper social media access, Lawyer misrepresentation, Lawyer social media ethics, Lawyers and social media | Tagged Tags: Attorney Ethics, Bar ethics rules, corsmeier, joseph corsmeier, lawyer discipline, Lawyer misconduct improper access to opposing party Facebook, Lawyer misconduct improper access to opposing party social media | Leave a comment

Hello and welcome to this Ethics Alert blog which will discuss the recent Supreme Court of New Jersey opinion which held that lawyers who allegedly engaged in improper conduct related to access of an opposing party’s Facebook page can be charged with disciplinary rule violations. The disciplinary matter is John J. Robertelli v. The Read More

Missouri Supreme Court suspends lawyer who used payroll document and opposing counsel’s written direct exam questions from e-mails hacked by client

By Admin | Published April 11, 2016 | Posted in Attorney discipline, Attorney misrepresentation, Confidentiality, Confidentiality and privilege, deceit, dishonesty, joe corsmeier, Joseph Corsmeier, Lawyer conduct adversely affecting fitness to practice, Lawyer conduct prejudicial to the administration of justice, Lawyer discipline, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer sanctions, Lawyer threats and discipline | Tagged Tags: Attorney Ethics, Bar ethics rules, client confidentiality, confidentiality, corsmeier, joseph corsmeier, Lawyer conduct adversely reflecting fitness to practice, lawyer conduct prejudicial to the administration of justice, lawyer confidentiality, lawyer discipline, Lawyer failure to disclose receipt of confidential hacked documents information | Leave a comment

Hello and welcome to this Ethics Alert update blog which will discuss the disciplinary case against a Missouri lawyer who failed to disclose payroll document and direct examination questions of opposing counsel which were obtained by his client/husband by hacking the wife’s e-mail account, used them at a settlement conference, and planned to use Read More

Oklahoma Supreme Court publicly censures lawyer who had been permanently suspended by bankruptcy court for disobeying order

By Admin | Published April 4, 2016 | Posted in Attorney discipline, joe corsmeier, Joseph Corsmeier, Lawyer disobeying order of tribunal, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer failure to notify clients of suspension, Lawyer sanctions, Lawyer technology competence, yer disobey order of tribunal | Tagged Tags: Attorney Ethics, Bar ethics rules, corsmeier, joseph corsmeier, lawyer discipline, lawyer failure to comply with court order | Leave a comment

Hello and welcome to this Ethics Alert blog which will discuss recent Oklahoma Supreme Court opinion censuring a lawyer who had been permanently suspended from practicing before the bankruptcy court for disobeying a bankruptcy judge’s order. The case is State ex rel. Oklahoma Bar Association v. Oliver, case number Case Number: SCBD-6268 (Oklahoma Supreme Court, March Read More

Florida Bar Board of Governors considers advertising rule amendments on use of “expert” and “specialist” and approves rule regarding faxes, telegrams and online chatrooms

By Admin | Published March 22, 2016 | Posted in 2013 Florida comprehensive advertising rule revisions, Advertising and solicitation with text messages, Florida 2013 advertising rules federal lawsuit, Florida 2013 comprehensive lawyer advertising rules, Florida Lawyer advertising rules, Florida Lawyer Ethics and Professionalism, joe corsmeier, Joseph Corsmeier, Lawyer advertising, Lawyer advertising specialties and certification, Lawyer ethics, Lawyer Ethics and Professionalism | Tagged Tags: Attorney Ethics, Bar ethics rules, corsmeier, Florida Bar, Florida Bar Advertising Rules, joseph corsmeier, lawyer advertising, Lawyer advertising rules | Leave a comment

Hello and welcome to this Ethics Alert blog which will discuss the recent Florida Bar Board of Governors meeting wherein the BOG discussed rule changes to comply with a Florida federal district court judge’s Order finding that Bar rule which prevented non-certified lawyers from stating they have expertise or specialize in an area of law Read More

Ohio Supreme Court suspends former municipal judge for 2 years with 18 months stayed for, inter alia, engaging in sex with party defendant and trust account misconduct

By Admin | Published March 10, 2016 | Posted in Attorney discipline, Attorney misrepresentation, deceit, dishonesty, joe corsmeier, Joseph Corsmeier, Judicial ethics, Lawyer conduct adversely affecting fitness to practice, Lawyer conduct prejudicial to the administration of justice, Lawyer discipline, Lawyer discipline alleged sexual misconduct, Lawyer escrow accounts, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer false statements, Lawyer misappropriation, Lawyer misappropriation of trust funds, Lawyer sanctions, Lawyer trust account discipline, lawyer trust account rule violations, Lawyer trust account shortages, Lawyer trust accounts | Tagged Tags: Attorney Ethics, Bar ethics rules, corsmeier, joseph corsmeier, Lawyer conduct adversely reflecting fitness to practice, lawyer conduct prejudicial to the administration of justice, lawyer discipline, Lawyer misrepresentation, lawyer trust accounts, trust accounts | Leave a comment

Hello and welcome to this Ethics Alert blog which will discuss the recent Ohio Supreme Court opinion suspending a former judicial officer for 2 years with 18 months stayed for, inter alia, engaging in sex with a defendant as a judicial officer and trust account misconduct while a lawyer. The case is Disciplinary Counsel v. Read More

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