My Shingle

Ethics Issues

The NY State Bar Has a Mobile App for Ethics. Why Not the ABA or Other States?

January 17, 2012 by Carolyn Elefant

Lawyers are obligated to abide by ethics rules at all times – and thanks to the New York State Bar Association , fulfilling that obligation is easier than it’s ever been with a new mobile app that’s available for the iPhone, Android and Blackberry. As a New York licensed lawyer myself, I’ve already downloaded the […]

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First Amendment Challenge to Restriction on Lawyer’s Blog Likely to Flounder – And Bring Other Blogs Down With It

October 10, 2011 by Carolyn Elefant

As the saying goes, bad facts make bad law. And there’s going to be some very bad law for lawyer blogs indeed if Virginia small firm lawyer Horace Hunter loses his First Amendment challenge to the Virginia Bar’s attempt to require the firm to include certain disclaimers on its blog. Don’t get me wrong – […]

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MyShingle’s Proposed Revisions to Ethics 20/20 Model Rules on Admissions and Model Rule 5.5

October 5, 2011 by Carolyn Elefant

Though I started with the best of intentions to track the activities of the ABA Commission on Ethics 2020, I’ve been having some trouble keeping up with the Commission’s relentless pace. This month brings another barrage of proposals on Outsourcing, Client Confidentiality and Technology and Technology and Lawyer Marketing, and Attorney Admissions. I’ve already provided […]

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A Solo Fought the Law and the Solo Won! NY Jud. Code 470 Found Unconstitutional!

September 8, 2011 by Carolyn Elefant

The wheels of justice grind slowly, but exceedingly fine. Nearly four years have passed since New-York barred, New Jersey residing attorney Ekaterina Schoenefeld refused to play scofflaw and ignore a valid law requiring only non-resident lawyers to maintain an in-state office  simply because she personally believed it to be outdated or unjust. Instead, Schoenefeld did […]

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Just Because Lawyer Marketing Is Ethical Doesn’t Mean It’s EFFECTIVE!!!

August 28, 2011 by Carolyn Elefant

It’s been stormy summer for Groupon, a daily deal website and once darling of Wall Street. Since June, Groupon’s web traffic tanked by 50 percent, its IPO is on the rocks and a judge just green-lighted a false advertising suit filed against the company.  Still, Groupon can celebrate one victory: a thumbs up from the […]

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Ethics Rules May Be Stupid, But Rules Are Rules

August 13, 2011 by Carolyn Elefant

Update (8/13/2011, 10 am -  Please read through the comments and my responses in the Comment Section. I plan to update this post but for now, I will respond in the comment section.  For convenience, I have uploaded the NY Rules of Professional Conduct here – NYRulesofProfessionalConduct4109-6 which I will reference in my comments] Also, […]

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The Unbearable Smugness of an Experienced Lawyer

August 7, 2011 by Carolyn Elefant

During a recent Social Media for Lawyers book-signing at the ABA Conference with my co-author, Nicole Black, a lawyer came past the table, picked up the book with her fingertips, as if it were radioactive, then set it down and sniffed “Oh, social media. I just don’t do any of this stuff.” When pressed, the […]

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Don’t Moonlight

July 20, 2011 by Carolyn Elefant

Because of my work with lawyer/author Julie Tower-Pierce on The Part Time Shingle, I’m often asked by aspiring solos about whether they should start a practice while working for a law firm. My answer never varies. Unless you disclose and receive permission from a law firm employer to start your own side practice, DON’T! From […]

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Musings from the Other End of the Pleading

June 21, 2011 by Carolyn Elefant

For the past month, ever since I learned that I’d been named as a defendant in Rakofsky v. the Internet, I’ve been getting acclimated to life on the other end of the pleading. In my seventeen years as a solo, I’ve inhabited a comfortable spot on the signature line. I still get a thrill at […]

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The North Carolina Bar’s Double Standard for Data and Dollars

June 20, 2011 by Carolyn Elefant

Two months ago, North Carolina released Proposed Formal Ethics Opinion 6 , Subscribing to Software as a Service (SaaS) While Fulfilling the Duties of Confidentiality and Preservation of Client Property. As others, including my Social Media for Lawyers co-author Nicole Black, NC Bar LPM Advisor Eric Mazzone, e-lawyering pioneer Richard Granat and North Carolina virtual […]

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