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Ethics & Malpractice Issues

New Jersey Court Orders Lawyers to Disclose Competitors’ Billing Practices and to Use Data To Inform Clients of Likelihood of Success

Last week, the New Jersey Supreme Court granted certification to hear an appeal of the Appellate Division’s ruling in Balducci v. Cige, Docket No. A-3068-16T2 (August 30, 2018) which voided an attorney’s hourly fee agreement with a client for a discrimination action because the lawyer failed to advise the client that other firms could handle…

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At the Intersection of Legal Ethics and GDPR

The EU’s  General Data Protection Regulation   — which applies to US law firms that represent EU citizens or companies or hold data about EU citizens — allows EU citizens the right to have their data erased in certain circumstances. But the GDPR’s “right to be forgotten” could potentially butt heads with legal ethics requirements,…

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Beware of Buying A Competitor’s Name To Market Your Law Practice

Can lawyers use a competitor’s name as a keyword to market their own law practice? Although Google allows law firms’ to purchase competitors’ names as keywords, at least two states — North Carolina  and South Carolina  —  forbid this practice, finding it inherently deceptive. By contrast,  Florida  and Texas  —allow lawyers to use keywords to…

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Why State Bar Regulation of For-Fee Referral Services Is A Very, VERY Bad Idea

Last week, the Illinois Attorney Registration and Disciplinary Commission (IARDC) issued a report that recommends allowing attorneys to participate in for-profit referral and matching services, and seeks public comment on a proposed framework for regulating for-profit referral companies and participating attorneys.  The IARDC’s approach has been hailed as a favorable development by some, and for sure,…

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