Zealous representation or lawyer misconduct? Where does the Florida Supreme Court draw the line?

By Admin | Published August 25, 2016 | Posted in Attorney discipline, joe corsmeier, Joseph Corsmeier, Lawyer conduct adversely affecting fitness to practice, Lawyer conduct prejudicial to the administration of justice, Lawyer derogatory remarks, Lawyer disbarment, Lawyer discipline, Lawyer disparaging comments about lawyers and judges, Lawyer disparaging comments about lawyers and judges in pleadings and appeals, Lawyer disrupting tribunal, Lawyer disruptive conduct, Lawyer disruptive litigation conduct, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer failure to notify clients of suspension, Lawyer impugning qualifications or integrity of judge, Lawyer permanent disbarment, Lawyer permanent disbarment for contempt of suspension order, Lawyer sanctions, Lawyer unauthorized practice of law while suspended, Lawyer unlicensed practice of law, Lawyer violation of court order, Lawyer wilful failure to comply with court order | Tagged Tags: Attorney Ethics, Bar ethics rules, corsmeier, Florida Bar, Florida Bar discipline, Florida lawyer ethics, joseph corsmeier, Lawyer conduct adversely reflecting fitness to practice, lawyer conduct prejudicial to the administration of justice, lawyer discipline, lawyer impugning integrity of judge, Lawyer misconduct in courtroom, lawyer permanent disbarment, Lawyer violation of order of discipline | Leave a comment

Hello everyone and welcome to this Ethics Alert will discuss the lawyer’s duty to competently and zealously represent a client and the Florida Supreme Court decisions addressing when a lawyer’s conduct may cross the line and constitute misconduct and violate the Florida Bar Rules. Lawyers understand that they should zealously represent clients and, while that Read More

Florida Bar’s Board of Governors approves amendment to Bar Rule which would permit credit unions to accept IOTA accounts

By Admin | Published August 19, 2016 | Posted in Florida Bar, Florida lawyer trust accounts, joe corsmeier, Joseph Corsmeier, Lawyer escrow accounts, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer trust accounts, Lawyer trust IOTA trust account rules failure to pay letter of protection | Tagged Tags: Attorney Ethics, corsmeier, joseph corsmeier, Lawyer IOTA trust accounts, lawyer trust accounts, trust accounts | Leave a comment

Hello everyone and welcome to this Ethics Alert will discuss the recent vote of the Florida Bar Board of Governors (BOG) to revise Bar Rule 5-1.1 to permit credit unions to accept and administer the IOTA trust accounts of Florida lawyers. The vote is discussed in an article in The August 15, 2016 issue of Read More

Lawyer-Client Confidentiality and Privilege: What is the Difference?

By Admin | Published August 18, 2016 | Posted in Attorney/client confidentiality, Attorney/client privilege and confidentiality, Confidentiality, Confidentiality and privilege, joe corsmeier, Joseph Corsmeier, Lawyer ethics, Lawyer Ethics and Professionalism | Tagged Tags: Attorney Ethics, attorney/client privilege, Bar ethics rules, client confidentiality, confidentiality, corsmeier, Florida Bar, inadvertent disclosure of confidential documents, joseph corsmeier, lawyer confidentiality, statutory attorney/client privilege | Leave a comment

This Ethics Alert blog will discuss the terms lawyer-client confidentiality and lawyer-client privilege are often used interchangeably and the differences between them may become somewhat blurred. Although both terms address information related to the client that a lawyer cannot reveal and both are used primarily to protect the client’s ability to confide freely with the Read More

Lawyer’s ethical obligations in surrendering client papers and property after termination of representation and asserting retaining liens

By Admin | Published August 17, 2016 | Posted in ABA formal opinions, Ethics and lawyer withdrawal, Florida Lawyer Ethics and Professionalism, Florida lawyer ethics client file retaining liens, Florida Lawyer Professionalism, joe corsmeier, Joseph Corsmeier, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer ethics opinions, Lawyer ethics retaining liens, Lawyer ethics returning documents to client after termination | Tagged Tags: Attorney Ethics, Bar ethics rules, corsmeier, Florida Bar, Florida Bar discipline, Florida Bar Ethics Opinions, joseph corsmeier, Lawyer ethics Florida client retaining liens | Leave a comment

Hello everyone and welcome to this Ethics Alert will discuss the lawyer’s ethical obligations to surrender papers and property to which the former client is entitled after termination of the representation and asserting retaining liens. American Bar Association Formal Ethics Opinion 471 provides a good overview of these ethical obligations. The July 1, 2015 ABA Read More

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

By Admin | Published August 16, 2016 | Posted in ABA Ethics opinion in providing file documents to former clients after termination, ABA formal opinions, Attorney Ethics, joe corsmeier, Joseph Corsmeier, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer ethics opinion in providing file documents to former clients after termination, Lawyer ethics opinions, Lawyer ethics returning documents to client after termination | Leave a comment

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

South Carolina ethics advisory opinion states that matching legal services such as those offered by Avvo are prohibited

By Admin | Published August 12, 2016 | Posted in Attorney discipline, Avvo legal services, joe corsmeier, Joseph Corsmeier, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer ethics opinions, Lawyer improper referral fees and fee splitting, Lawyer matching services Avvo, Lawyer referral fees, Lawyer Referral Services, Lawyer sharing fees with non-lawyers | Tagged Tags: Attorney Ethics, Avvo matching services, Bar ethics rules, corsmeier, improper fee splitting and referral fees Avvo, joseph corsmeier, lawyer ethics opinions Avvo and lawyer matching services | Leave a comment

Hello everyone and welcome to this Ethics Alert which will discuss the recent South Carolina ethics advisory opinion which states that marketing fees to non-lawyer companies collected as part of legal fees are prohibited. The advisory opinion is here: https://www.scbar.org/Bar-Members/Ethics-Advisory-Opinions/Opinion-View/ArticleId/2455/Ethics-Advisory-Opinion-16-06 The July 14, 2016 ethics advisory opinion discusses a marketing program and fee arrangement similar to Read More

Florida Bar’s Board of Governors approves substantial revisions to Bar rules related to lawyer referral services

By Admin | Published August 1, 2016 | Posted in Florida Bar, Florida Bar 2016 Lawyer referral rule revisions, Florida Bar lawyer referral rule revisions, Florida Bar matching services, Florida Lawyer advertising rules, joe corsmeier, Joseph Corsmeier, Lawyer advertising, Lawyer ethics, Lawyer Ethics and Professionalism | Tagged Tags: 2016 Florida lawyer referral rule revisions, Attorney advertising rules, Attorney Ethics, Bar ethics rules, corsmeier, lawyer referral rules matching services, lawyer referral rules qualifying providers | Leave a comment

Hello everyone and welcome to this Ethics Alert Update which will discuss the Florida Bar Board of Governors’ (BOG) recent approval of proposed lawyer referral rules. The proposed rules would substantially revise the current rules, including broadening the definition and changing the name of the services to “matching services” and the names of referral companies to Read More

N.J. Supreme Court reverses reprimand and dismisses complaint against lawyer who posted allegedly confidential information on his website

By Admin | Published July 20, 2016 | Posted in Attorney discipline, Confidentiality, Confidentiality and privilege, joe corsmeier, Joseph Corsmeier, Lawyer advertising, lawyer confidentiality, Lawyer discipline, Lawyer dismissal of Bar complaint, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer revealing client confidential information on internet, Lawyer websites | Tagged Tags: Attorney advertising rules, Attorney Ethics, attorney/client confidentiality, Bar ethics rules, client confidentiality, confidentiality, corsmeier, joseph corsmeier, lawyer advertising, Lawyer advertising rules, Lawyer dismissal of complaint | Leave a comment

Hello everyone and welcome to this Ethics Alert blog which will discuss the recent New Jersey Supreme Court opinion reversing a Disciplinary Review Board’s reprimand recommendation and dismissing a complaint against lawyer who was alleged to have posted client confidential information on his website. The disciplinary case is In the Matter of Jay J. Chatarpaul, Read More

Washington D.C. lawyer receives informal admonition for revealing client confidences in response to client’s negative website comments

By Admin | Published July 8, 2016 | Posted in Attorney discipline, Attorney/client confidentiality, Attorney/client privilege and confidentiality, Confidentiality, Confidentiality and privilege, joe corsmeier, Joseph Corsmeier, lawyer confidentiality, Lawyer discipline social media misuse, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer revealing client confidential information on internet, Lawyer sanctions, Lawyers and social media | Tagged Tags: Attorney Ethics, attorney/client confidentiality, Bar ethics rules, client confidentiality, corsmeier, joseph corsmeier, lawyer discipline, Lawyer revealing confidential information in response to internet complaint | Leave a comment

Hello everyone and welcome to this Ethics Alert blog which will discuss the recent informal admonishment of a Washington D.C. lawyer who responded to a client’s negative and critical comments and revealed confidential and specific information about her case, her emotional state, and confidential details about the attorney-client relationship. The disciplinary case is In re Read More

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

By Admin | Published July 6, 2016 | Posted in Florida Lawyer Ethics and Professionalism, joe corsmeier, Joseph Corsmeier, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer ethics opinions, Lawyer waiving costs and fees, Waiver of costs, waiver of costs financial assistance to client | Tagged Tags: Attorney Ethics, Bar ethics rules, corsmeier, financial assistance to client, Florida Bar, Florida Bar Ethics Opinions, joseph corsmeier, Rule 4-1.8(e) financial assistance to client | Leave a comment

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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