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Solo & Small Law Firms

Ethics & Malpractice Issues

Are Solos Still Being Told Not to Use Social Media?

The above insert comes from a recent “Practice Insight” from my malpractice insurer, CNA.  Though I’ve been a satisfied CNA customer for 16 years (I moved to CNA post- 9/11 when the D.C. Bar’s “preferred provider” that I’d used for several years prior closed up shop), this advice troubles me: are we still cautioning solos…

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Two Ethics Rules Ripe for Constitutional Challenge: Anyone Want to Take This On?

In Part I of the Post , I blogged about solo Ekaterina Schoenefeld’s nine year battle to have New York’s out-of-state lawyer bonafide office requirement invalidated as unconstitutional.  Schoenefeld’s fight, however, shows the kind of fortitude that’s needed to unroot these 70-year old vestigial statutes and free the legal profession to come into the modern, digital…

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Solo Seeks To Challenge Archaic Bonafide Office Rules at the Supremes

 May a state – consistent with the Privileges and Immunities Clause of Article IV – require non- residents, who are licensed to practice as attorneys in that state, to maintain a separate physical office in that state as a condition of practicing law there, when the state does not require resident attorneys to maintain any…

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Ethics Ruling Drives Clients Into the Arms of Legal Zoom

Via Michael Frish of the Legal Profession Blog comes another stupid ethics decision destined to put the kibosh on unbundled legal services and drive clients straight into the arms of Legal Zoom. Briefly, the sad facts. The lawyer who is the subject of the ethics decision is a solo practitioner serving the Polish community in…

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Thanks, ABA Ethics Committee for Yet Another Ethics Opinion That Makes Life Harder for Solos and Smalls and Our Clients

Another day, another stupid  legal  ethics ruling. This one – ABA Formal Opinion 475: Safeguarding Fees That Are Subject to Division With Other Counsel , released last week – seems innocuous enough, not to mention dull as dishwater. But like so many ethics decisions, Formal Opinion 475 elevates form over substance to the detriment of many…

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Because of Stupid Ethics Ruling, No Good Deed Goes Unpunished In Minnesota

Let’s say that you’re an attorney, duly licensed and happily practicing law in Colorado. One evening, your wife mentions that her parents in Minnesota are having a tough time resolving a dispute with a creditor, and asks if you could intercede on their behalf. Now, you’re well aware of the pitfalls of working for family…

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