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

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

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

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

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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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ABA adopts Resolution 105 encouraging states to consider non-traditional legal service providers, including non-lawyer firm ownership

Hello and welcome to this Ethics Alert blog which will discuss the American Bar Association’s February 8, 2016 approval and adoption of Formal Resolution 105, which adopts the ABA Model Regulatory Objectives for the Provision of Legal Services.  The Final ABA Resolution 105 as Revised and Adopted is here: https://www.americanbar.org/content/dam/aba/images/abanews/2016mymres/105.pdf According to the ABA website, Read More

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New York City Bar Association Formal Opinion addresses what conduct by a lawyer constitutes a “threat of a disciplinary complaint”

  Hello everyone and welcome to this Ethics Alert which will discuss the recent New York City Bar Association Formal Opinion addressing conduct by a lawyer which may constitute a “threat of a disciplinary complaint”.  The ethics opinion is N.Y.C. Bar Assoc. Formal Op. 2015-5 (June 2015) and is online here:  https://www.nycbar.org/ethics/ethics-opinions-local/2015opinions/2196-formal-opinion-2015-5-whether-an-attorney-may-threaten-to-file-a-disciplinary-complaint-against-another-lawyer In my practice, Read More

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