Positional Conflicts Revisited
January 2020: May a lawyer take opposite positions for several current clients in front of the same judge in the same case?
A Joint Client Retracts Previously Given Consent
December 2019: Continuing representation of non-revoking clients is not prohibited per se but is subject to other considerations. Column
Information You Must Give Joint Clients
November 2019: Multiple representations are a prime source of claims for breach of fiduciary duty and malpractice.
The Accidental Client
October 2019: Disputes between lawyers and people claiming to be their clients usually end badly for lawyers.
The Ethical Considerations of Saying Goodbye
September 2019: Unplanned endings to lawyer-client relationships may test a lawyer's ability to maintgain a professional bearing.
Are You Ever Not a Lawyer?
July 2019: You can't ignore the ethical rules once
you get home from the office.
Positional Conflicts of Interest
February 2019: Traditionally, "positional" conflicts didn't get much attention. It was just something lawyers did.
Ethics and the Bill O'Reilly Settlement Agreement
January 2019: The terms of the confidential settlement
agreement could be the basis for the final exam in the legal ethics course. Column
Another Reason Not to Misbehave at the Courthouse
November 2018: Court-ordered disqualification of a lawyer can result in embarrassment, financial loss and even malpractice liability.
Ethical Rules Violations and Malpractice
October 2018: Standard of care cases are those where a lawyer’s competence and diligence are usually at issue. Column
New Rules Make Changing Firms a Little Easier
September 2018: When a lawyer moves between firms, the migrating lawyer and the new firm have separate obligations to protect their clients. Column
Information Learned in the Representation of a Current Client
June 2018: This column discusses a lawyer’s “use” of information relating to a representation that may be regarded as being to the “disadvantage” of the affected client. Column
See 19 Years of Columns and Articles