Welcome to the 299th legal ethics quiz![1] I apologize in advance for any typos. As I write, at least half of my brain is focused on the Karen Read trial that I have streaming in the background. The case fascinates me!  Right now, there’s a break to address the prosecution’s request that the Court remove Turtleboy, a blogger who received media credentials, from the courtroom. That’s right.  There’s a break in a REAL-LIFE MURDER TRIAL to discuss whether to remove someone known as “Turtleboy.” Turtleboy’s lawyer just responded to the prosecution’s argument by stating “the answer I have ..read more

I’ll start by trying to stave off the snowball that I expect to gather steam as it barrels downhill in my direction while evolving into an avalanche. No, this post is not meant to offer a hard & fast rule that lawyers can’t use listservs.  Rather, it’s meant to share guidance from others – much smarter than I – who recently concluded that when using listservs lawyers must be mindful of the duty of confidentiality that they owe to their clients. What you do from here is up to you. My suggestion? See the picture. Two days ago, the American Bar Association’s Standing Committee on Ethics ..read more

Last month, a lawyer contacted me with an inquiry. “Mike, I’m switching firms. How much notice do I have to give to my firm?”  I’ve blogged many times on the legal ethics issues that arise when a lawyer leaves a law firm.  The posts have focused on the requirement that the departing lawyer and the firm notify clients that their options are to follow the departing lawyer, stay with the firm, or choose new counsel altogether.[1]  The posts have also addressed questions such as who provides the notice, to whom, and what must the notice include. For reasons that elude me, I’ve ne ..read more

Happy Monday! Friday’s questions are here.  Many thanks to all who sent stories of things we no longer collect!  I’ll share a list later this week. The answers follow today’s Honor Roll. Honor Roll Karen Allen, Karen Allen Law Matt Anderson, Pratt Vreeland Kennelly Martin & White Penny Benelli, Dakin & Benelli Alberto Bernabe, Law Professor, UIC Law Kristen Connors, Montroll Oettinger & Blanquist Andrew Delaney, Martin Delaney & Ricci Law Group Robert Grundstein The Honorable Pam Marsh, Probate Judge, Addison County Jack McCullough, Project Director, Mental Health La ..read more

Happy Friday!  And welcome to the 298th legal ethics quiz![1] Last week’s intro generated a fantastic response. I loved learning about your collections, including those that, for various reasons, were disposed of by someone else without notice to you. Indeed, next week, as part of Well-Being Week in Law, I intend to share a list of the things that readers collect and used to collect. With your responses fresh in mind, I was struck by a thought as I cleaned my house & garage last weekend.  Specifically, that in addition to our cherished collections, our lives also include “collect ..read more

Last night, I realized that I often mention “inquiries.” It struck me that people might not know what an “inquiry” is.  So, I thought I’d explain. The rules that govern the Professional Responsibility Program include this language: “A. Legal Ethics Inquiries. In response to an inquiry related to the Rules of Professional Conduct, law practice management, or a lawyer or judge’s professionalism or professional responsibilities, Bar Counsel will provide the inquirer with: (1) the appropriate referral, educational materials, or guidance; or (2) the preventive advice and information necessar ..read more

Next week is Well-Being Week in Law (WWIL).  This year’s theme: The theme “embodies two key ideas: (1) a clean slate to start/restart our well-being action plans and (2) behavior change toward greater well-being.” I’m focusing on the word “start.” The website is chock full of activities designed to spur a reboot. However, as I blogged last week, the goal shouldn’t be to choose an activity that gives us something to do during WWIL.  Rather, the goal should be to find something that will serve as a starting point towards building healthy habits with which we engage long after WWIL con ..read more

Tomorrow I’m presenting a CLE for First American Title Insurance Company. The topic is “ethical traps for real estate practitioners.”  My presentation will include a reminder to verify changes to wire instructions. [1] It will also include thoughts on how best to verify changes.  It’ll go something like this: In my opinion, the Vermont Rules of Professional Conduct impose a duty to act competently to safeguard client funds.  This includes taking reasonable steps to protect against inadvertently disbursing funds to a scammer.  What are reasonable steps? One is second-factor ..read more

Wow!  I received lots of fantastic responses to Friday’s intro. As a group, we collect (or used to collect) many interesting things! I’m not going to list them here. I plan to save the list for another post, hopefully one that includes a chat with my mom.  I feel compelled to give her some rebuttal time, as moms took some shade in the stories of our collections! Happy Monday! Honor Roll Karen Allen, Karen Allen Law Penny Benelli, Dakin & Benelli Alberto Bernabe, Law Professor, UIC Law The Currency Counselors, General Counsel’s Office, Office of the State Treasurer Benjamin Gould ..read more

Happy sunny Friday and welcome to the 297th legal ethics quiz! I was bored the other night. Nothing on tv interested me, it was too early to go to bed, and the book I intend to read next had yet to arrive from Amazon.[1] So, I grabbed a magazine that I didn’t even really know I had. I mean, I knew there were some magazines on my coffee table, but until I rifled through them, I couldn’t have told you which ones were there. Turns out, I snagged the 1000th issue of Rolling Stone. The issue includes dozens of vignettes about prior covers. Leafing through sent me on a fantastic trip down memory lan ..read more