Ethics & Malpractice Issues

Be careful what you wish for.  Lawyers have long argued that law is a business, not a profession – and if these recent  events are any indication, lawyers may have gotten their wish. Only turns out, the real world has even less tolerance for deceptive marketing practice than ye old bar association. Gregory Turza, a…

Lawyers’ ethical obligations when using social media may be summarized in a single graphic: Yet rather than invoke the simple litmus test of whether a communication is deceptive to a reasonable viewer to evaluate lawyer advertising, disciplinary committees feel compelled to spill thousands of words analyzing the ethics of each and every feature of each…

Although many law firms advise corporate clients on compliance, few firms have compliance programs in place observe Compliance strategists Donna Boehme and Joseph Murphy in this terrific piece, Inconvenient Truths About Law Firm Compliance.  That law firms are subject to ethics rules is no excuse, contend Boehme and Murphy.  Legal ethics rules didn’t deter the…

(Note – I spoke too soon in my earlier post – but I had to get this off my chest!) This past February 2013, the ABA passed this Resolution to encourage practitioners  (presumably solos and pre-paid providers, since those committees co-sponsored the resolution) to provide unbundled legal services.  No doubt, most ardent proponents of unbundled…

The ABA Journal reports on a new practice trend for lawyers: acting as  privilege shield. As hacker attacks increase, companies are turning to lawyers to assist with initial investigations. While presumably lawyers bring substantive knowledge to the table and can help companies assess potential liability, they offer an even more valuable benefit: privilege.  Many companies…

Last month, Docracy , a slick  form-sharing platform launched a  Terms of Service  (TOS) tracker that monitors the TOS at over 900 social media sites.  Docracy’s new tool (which you can subscribe via  RSS feed ) is indispensable whether you’re a lawyer reliant on sites like Facebook or Twitter to market your practice or who…

When it comes to social media, many bar disciplinary bodies have expressed reservations about testimonials.  Some states permit lawyers to post testimonials on their websites only with prominent disclaimers, while others impose a duty on lawyers to monitor third-party sites like Avvo or LinkedIn where testimonials might crop up. Though testimonials can potentially be deceptive…

If you thought that aggressive enforcement of copyright was only for the RIAA, think again.  The ABA is just as intent about enforcing copyright interests in its ethics opinions. But whether you agree with the RIAA’s tactics or not, at least its copyright enforcement activity is intended to protect RIAA’s constituents; artists, musicians and record…