Ethics & Malpractice Issues
Should Lawyers Mark A Spot With With a Domain Dot – And Will Ethics Regulators Say Yay or Not?
Move over, vanity license plates emblazoned with slogans like NTGUILTY, or call lines like 1-800-SUE-THEM. Beginning today, lawyers everywhere will have yet another means to brazenly trumpet their presence as the gtld (generic top level domain names) .lawyer and .attorney become generally available for registration. That’s right, by tonight, the web will be littered with…
Read MoreA Legal Tech Tool That Is Actually Very Cool – But Does It Break Ethics Rules?
To date, much of what’s been characterized as legal disruption hasn’t impressed me as much more than a souped-up, techno-powered version of what’s been tried before and failed. Still, I’m no curmudgeon and every so often, I find myself excited about the possibility of tiny law applications like Shake Legal – an app to create…
Read MoreUnethical Conduct, But Fee Splitting Is the Least of It
A recent Illinois Attorney Registration and Disciplinary Committee (ARDC), reported here misses the point. The ARDC charged a solo estate planning attorney with ethics violations for splitting fees with a non-lawyer financial planner over a five year period between 2007 and 2012. During that time, the financial planner hosted six seminars each year, referring approximately…
Read MoreIs Your Jurisdiction Wasting Money to Make the Ethics of the Cloud Clear?
Last week, Bob Ambrogi posted an updated roundup of state ethics decisions — 17 to date – that clear the cloud for use by lawyers. But while I appreciate the bars’ efforts, they’re a poor use of resources. For starters, every one of those 17 ethics decisions says roughly the same thing. Lawyers can use…
Read MoreSecond Circuit Seeks Second Opinion on the Meaning of “Office” for Purposes of Non-Resident Lawyers – Update
For nearly three years, I’ve been tracking solo Ekaterina Schoenefeld’s challenge to the constitutionality of New York Judicial Code 470, which imposes an in-state office requirement – but only on nonresident lawyers. Schoenefeld won round one, when a federal district court judge ruled that the statute infringes on nonresident attorneys’ right to practice law in…
Read MoreAn Indiana Ethics Opinion That May Kill Legal Start Ups
Via the Legal Profession Blog, comes a recent Indiana ethics decision reprimanding a lawyer who’d practiced 41 years without incident for participating Law Tigers , a site that helps members of the public find a motorcycle attorney. Trouble is, in pursuit of a single Tiger that may purportedly cause harm to the public, the Indiana…
Read MoreDewey Really Want to Say That Crowdfunding Is Unethical Fee Splitting? The Biglaw/SmallLaw Double Standard
Back in May 2013, Findlaw blogger William Peacock posted about Upstart, a crowd funding site where “backers” provide money to new graduates, who pledge to repay the funds through a percentage of future income for a term of five or ten years. Upstart and similar crowd funding platforms might potentially offer an innovative solution to…
Read MoreA Guide to Legal Subscription Services: Why To Offer Subscription, How to Price Service and Avoiding Ethics Issues
Post updated March 17, 2022 Legal subscription services go by many names: prepaid legal, toll bridge agreements, outside general counsel plans, lawyer-on-retainer. Essentially, a subscription service is a catch-all for a business model where users pay for ongoing access to a product or service. In any event, the concept of legal subscription services has been…
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