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My Request to Rescind MSBA Ethics Opinion 1992-19 Prohibiting MarkUp on Payments for Freelance Lawyers

As regular readers know, I complain about stupid ethics rules. Almost all. the. time. Years ago, I actually took steps to influence the rules. I wrote letters and gave webinars to explain ethics initiatives. But no one listened and I ran out of steam so I turned my attention back to my law practice which was paying the bills.

But now that there at least appears to be a groundswell of support for changing ethics rules (at least on Twitter), I decided to give it another go. This time, I plan to focus on changing ethics rules in the jurisdictions where I practice. Here’s my first effort: a request to the MSBA Ethics Committee to rescind its quarter of a century old ethics opinion that prohibits attorneys from marking up freelance lawyer costs. My arguments are explained in this letter which I submitted this evening. Would appreciate your comments – whether pro or con.