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
When a Client Shows Up as a Witness for the Other Side
March 2018: What can you do if you are confronted with a genuine conflict of interest between the litigant and the witness and you can’t get both of them to consent? Column
When Does a Prospective Client Become the Real Thing?
January 2018: The distinction between a person being held to be a former client or as a former prospective client can result in important consequences for a law firm.
Profit-Sharing, Ethics and Employee Compensation
November 2017: It isn't hard to "bonus" non-lawyer employees as long as any amount paid is based on all-over firm profitability and not on the amount of a single fee.
Moving Between Government and Private Practice
October 2017: The government doesn’t want a
“side-switcher” using knowledge about the government’s case when a former
employee becomes a lawyer in a firm representing the government’s opponent.
Fake News, Alternative Facts, Legal Ethics
September 2017: ER 8.4 states that it is professional
misconduct for a lawyer to "engage in conduct involving dishonesty, fraud,
deceit or misrepresentation."
See 19 Years of Columns and Articles