Ethics & Malpractice Issues
The Aftermath of Departing Lawyers: They Take Clients But Not The Full Fee That Goes With Them
Illustration generated by Dall-E Case Summary: In the legal profession, the general rule is that lawyers cannot enter into agreements that restrict their right to practice after leaving a firm, except for retirement benefits. However, there is ambiguity in interpreting what constitutes a restriction. A recent Maryland appellate case, Jamie Bennett v. Ashcraft & Gere!,…
Read MoreCan Lawyers Legally and Ethically Record Conversations With Clients Using Artificial Intelligence?
Abstract (prepared with ChatGPT 4): The rise of artificial intelligence (AI) and a surge in online meetings has made it increasingly common for attorneys to record and transcribe client conversations. While AI-transcription can offer benefits such as accuracy, efficiency, and transparency, concerns around confidentiality, privacy, and ethics are also raised. AI-driven transcriptions capture details that…
Read MoreABA Ethics Rules on Choice of Law in Multi-Jurisdiction Practice
Starting a law firm that operates in multiple jurisdictions can be lucrative, but also confusing with multiple, competing ethics rules. In March 2023, the ABA issued Formal Opinion 540 to provide guidance to lawyers who practice in. more than one jurisdiction. Model Rule 8.5 Offers Guidance for Lawyers Running a Firm in Multiple Jurisdictions Formal…
Read MoreProtecting Client Trust Accounts When Banks Collapse
As if lawyers didn’t already have enough to worry about when it comes to protecting client trust accounts, add bank solvency to the list. As the recent meltdowns of the Silicon Valley Bank and Signature Bank remind lawyers, even a bank may not always be a secure repository for client funds. Lawyers Should Understand the…
Read More“Hotel California” Law Firm Charged With Ethics Violations for Making It Impossible for Lawyers to Leave
“Relax, ” said the night man “We are programmed to receive” “You can check-out any time you like” “But you can never leave!” –Hotel California, The Eagles We’re all familiar with the song Hotel California, that fictitious resort where guests are trapped for eternity. Well, what if the Hotel California wasn’t an imaginary destination but…
Read MoreMany Regulators Have Traded In Outdated Rules on Law Firm Trade Names – Yet Most Lawyers Don’t Realize It
Post update 4/21/2021 based on comment from Will Hornsby noting that all trade name bans have been or are in the process of being eliminated. LegalZoom. HelloDivorce. HelloPreNup. One reason that we as lawyers know that these companies aren’t law firms is because they operate under trade names – which many jurisdictions traditionally prohibited lawyers…
Read MoreAddressing Maryland’s Biased Disciplinary Process Through Data
As management consultant Peter Drucker has been credited with saying, “If you don’t measure it, you can’t manage it.” Regardless of attribution, the quote came to mind when I was asked to testify before the Maryland Health and Government Operations Committee on proposed legislation that would track the gender, race, and outcome of attorney disciplinary…
Read MoreMy Mixed Review on the ABA Ethics Opinion on Responding to Negative Reviews
More than a decade after clients started leaving attorney reviews online, the ABA has now steps in to offer ethical guidance on Responding to Online Criticism, Formal Opinion 496. As with a majority of jurisdictions, the ABA takes the position that a negative client review does not trigger the type of controversy with a…
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