Controversial tweets and posts about current events on various social media platforms has resulted in career repercussions for many lawyers and judges. Whether it is loss of employment, a judicial reprimand, or a suspension—It is a fact of our digital existence that lawyers and judges posting controversial tweets or posts about current events may suffer damage to their careers. ( Negative Commentary-Negative Consequences provides several more examples.) One of the latest examples to hit the news cycle comes from Georgetown Law School.  In fact, one day before ..read more

Arizona Attorney Suspended for Coaching Client During Virtual Cross-Examination Florida Attorney Suspended for Texting Client During a Telephonic Deposition By Jan L. Jacobowitz and Lauren Maier Chatting, texting, and suspensions, Oh My! There seems to be no number of times that is too many to remind lawyers that the legal ethics rules continue to apply in a digital environment. If you cannot coach a client in real time, in person proceedings then you cannot do it electronically. In the situations below, both lawyers expressed remorse, but too little too late to avoid suspensions. There are nu ..read more

The Challenge of Dealing with a Client with Diminished Capacity: CA OP 2021-207 There is not much guidance beyond the legal ethics rules for attorneys who represent a client that may have diminished capacity. The State Bar of California’s Committee on Professional Responsibility & Conduct (COPRAC) has provided some specific guidance in its recently issued Formal Opinion CAL 2021-207: Client with Diminished Capacity, regarding an attorney’s ethical obligations for a client who suffers from diminished capacity, specifically in “civil litigation, transactional, and estate planning matters ..read more

Advance Conflict Waivers–Viable or Problematic? In 2021, the State Bar of Nevada Standing Committee on Ethics and Professional Responsibility published Formal Opinion No. 58, addressing the permissibility of prospective conflict waivers (also known as “future conflict waivers” or “advance conflict waivers”) under Nevada Rule of Professional Conduct 1.7 Under Nevada Rule 1.7(b), a client may waive a conflict of interest if: “(1) The lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) The representation is not proh ..read more

Client Lies: Texas Bar Issues Opinion 692 to Address A Lawyer’s Responsibility A client lies during a deposition. The lawyer know…what should the lawyer do? Recently, the Professional Ethics Committee for the State Bar of Texas published Opinion No. 692, regarding a lawyer’s requirement to correct false statements made by the lawyer’s client during a deposition and concluded that a lawyer does not necessarily need to do so.  The Opinion specifically concerns false statements made by a client “in response to questioning by the opposing party’s counsel during a deposition[.]” In the f ..read more

Although not an attorney, a South Carolina probate judge’s social media use constituted impermissible judicial conduct A South Carolina probate judge has had a second run-in with the state supreme court for impermissible social media posts. In an order published on October 13, 2021, the South Carolina Supreme Court issued Judge Kenneth “Kenny” E. Johns, Jr. an eighteen-month suspension, partly in response to a 2018 Facebook post where the judge solicited hurricane relief donations to the American Red Cross. In addition to the suspension, the court ordered Johns to take an online judicial ethic ..read more

The ABA provides guidance on how to navigate attorney-client communication obstacles, such as language barriers Lawyers unsure about their client’s ability to understand their case or their attorney’s advice should hire a translator to avoid possible communication pitfalls, according to the American Bar Association’s (“ABA”) newly issued Formal Opinion 500, Language Access in the Client-Lawyer Relationship. Citing to increasing diversity in the United States, Opinion 500 addresses increasing “communication issues stemming from language differences, as well as physical disabilities,” between la ..read more

In a controversial decision, Florida’s highest court held that a nonlawyer ticket defense app was providing legal services In a 4-3 decision, the Florida Supreme Court held that TIKD, a traffic ticket defense app, was engaged in the unlicensed practice of law (“UPL”). In doing so, the court declined to adopt the referee’s recommendation of dismissal, with prejudice, of the UPL complaint and the referee’s determination of summary judgment in favor of TIKD. The Opinion relied both on the Court’s constitutional authority to regulate the practice of law and Florida UPL precedent. The dissent chall ..read more

New Jersey joins other jurisdictions in providing guidance for lawyers working remotely, while Ohio implements 5.5 Rule Amendment As we continue to see the pandemic’s lasting effects on the practice of law, more states provide guidance on how to navigate the new era of practicing law remotely. Next up: New Jersey and Ohio. Although New Jersey issued its guidance in the form of a non-binding advisory opinion, as has been the case with other jurisdictions such as, Florida, San Francisco, and Delaware, it is important to note that Ohio went a step further and amended its rule regarding the unlice ..read more

Pro Se Attorney’s Offensive Statements to Judge and Opposing Counsel Result in Disciplinary Case A pro se Des Plaines, Illinois attorney had a run-in with the Illinois Attorney Registration & Disciplinary Commission (“IARDC”) after making provocative statements while representing himself in divorce proceedings initiated by his estranged wife. The complaint, filed by the IARDC on August 5, 2021, lists several violations of the Illinois Rules of Professional Conduct (“Rules”) as a result of the attorney’s statements made to a judge and sent to opposing counsel via email. According to the att ..read more