Prospective Client? Not So Fast, Says District Court in DQ Ruling

By | The Law for Lawyers Today | August 3, 2017
If you’re driving from state to state, the rules of the road are generally consistent.  While details may differ, a red light means “stop” in every state of the Union.  But under our federal system, each U.S. jurisdiction has authority to regulate the practice of law — and under the resulting state ethics rules, not only the details, but even some of the basics may differ. View Full Post
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Death of BigLaw Partner Spotlights Problem of Lawyer Drug Use, Need for Solutions

By | The Law for Lawyers Today | July 27, 2017
Hot on the heels of the publicity for Brian Cuban’s new book, “The Addicted Lawyer:  Tales of the Bar, Booze, Blow and Redemption,” comes the searing account in the New York Times of the 2015 death of a former IP partner at Wilson Sonsini Goodrich & Rosati, who secretly battled drug addiction and reportedly died of a bacterial infection that often afflicts intravenous drug users. View Full Post
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“Inexperience” Reduces Discipline for OK Lawyer Who Displayed Insolence and Incompetence

By | The Law for Lawyers Today | July 20, 2017
Being inexperienced can contribute to getting into disciplinary trouble, but it can also be a mitigating factor in a bar disciplinary case.  That’s the message of a recent opinion of the Oklahoma Supreme Court, which imposed a six month suspension from state practice as reciprocal discipline on a lawyer who had already been suspended from federal bankruptcy court practice for five years. View Full Post
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New Jersey Says “no” to Avvo, Other On-line Legal Service Platforms

Just last month, we wrote about a North Carolina draft proposal that would ease the way via its ethics rules for Avvo and other on-line legal services to operate there.  Now, after a joint opinion from three New Jersey Supreme Court committees, the Garden State has turned thumbs down on such law platforms, citing issues including improper fee-sharing and referral fees.  View Full Post
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Virtual Law Offices OK’d, but Unauthorized Practice Issues Linger

By | The Law for Lawyers Today | June 29, 2017
Practicing law out of a “virtual law office” (“VLO”), without being tied to the overhead expense of a brick-and-mortar facility, is increasingly attractive to lawyers in many stages of their careers:  junior lawyers hanging out their shingles in a tough market; senior lawyers who want to keep practicing, but in a flexible format; and mid-career lawyers who are attracted to the increased options for leveraging their practices by using cutting-edge technology. View Full Post
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No Shield for Investigation Interviews, District Court Holds in D.C. Transit Authority Case

By | The Law for Lawyers Today | June 22, 2017
Whether you are in-house or outside counsel, your clients want the attorney-client privilege and/or work-product shield to apply to materials created as part of an internal corporate investigation.  But the applicability of these doctrines is very fact-specific, and difficult facts can doom that desired outcome.  View Full Post
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Bring Third-party Funders Out of “the Shadows,” U.S. Chamber Asks Federal Rules Committee

By | The Law for Lawyers Today | June 15, 2017
Litigation funding is in the news again, with the U.S. Chamber of Commerce spearheading a request to amend the Federal Rules of Civil Procedure to require initial disclosure of all third-party agreements for compensation that are “contingent on, and sourced from, any proceeds of the civil action, by settlement, judgment or otherwise.” View Full Post
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LinkedIn Profile Helps Draw Bar Discipline in Two States for Lawyer Who Wasn’t Licensed

I love LinkedIn, but here’s a potential hazard — what you say there can and will be used against you if you’re engaged in the unauthorized practice of law. A Colorado lawyer found that out the hard way:  he was suspended in Pennsylvania for a year, and got the same discipline in Colorado, where he was licensed.  View Full Post
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