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Florida Bar will file petition with Florida Supreme Court with revisions to Rule 4-5.8 to clarify which clients must be notified of lawyer’s departure

By | Published September 5, 2016 | Posted in Departing lawyer and law firm responsibilities, Florida Bar Rule 4-5.8 2016 proposed amendment, Florida Bar Rule 4-5.8 lawyers leaving law firms, joe corsmeier, Joseph Corsmeier, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyers leaving law firms | Tagged Tags: , , , , , , | Leave a comment

Hello and welcome to this Ethics Alert which will discuss the proposed additions to the Comment to Florida Bar Rule 4-5.8, which addresses the issue of what firm clients must be notified of a lawyer’s departure from the law firm.  The BOG approved the rule amendments and the Bar will file an Omnibus Rules Petition Read More

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The Florida Bar will file petition with advertising rule amendment regarding lawyer’s use of “expert” and “specialist” on October 15, 2016

By | Published September 2, 2016 | Posted in Florida 2013 advertising rules federal lawsuit, Florida 2013 comprehensive lawyer advertising rules, Florida Lawyer Ethics and Professionalism, joe corsmeier, Joseph Corsmeier, Lawyer advertising, Lawyer advertising and solicitation, Lawyer advertising specialties and certification, Lawyer advertising testimonials, Lawyer ethics, Lawyer Ethics and Professionalism, Lawyer use of expertise and specialist in advertising and certification, Lawyers use of specialization and expertise ethics | Tagged Tags: , , , , , , , , , | Leave a comment

Hello and welcome to this update of the May 25, 2016 Ethics Alert regarding the proposed amendment to Florida Bar Rule 4-7.14 with new subsection 4-1.14(a)(5) related to claims of “specialization” and “expertise” in advertisements.  The BOG approved the rule amendment and the Bar will file an Omnibus Rules Petition with the proposed rule amendment Read More

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

By | 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: , , , , , , , , , , , , , | 1 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

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

By | 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: , , , , , , , , , , | 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

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

By | 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: , , , , , , , | 3 Comments

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

By | 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: , , , , , , | 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

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

By | 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: , , , , , , | 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

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

By | Published July 26, 2016 | Posted in Attorney Ethics, Bar antitrust, BAR UPL antitrust, joe corsmeier, Joseph Corsmeier, Lawyer antitrust, Non-lawyer practicing law, North Carolina Dental Board, North Carolina dental whitening case and UPL, Unauthorized practice of law, Unlicensed practice of law, Unlicensed practice of law antitrust lawsuit, Zlien UPL lawsuit and settlement | Tagged Tags: , , , , | Leave a comment

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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