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."
Legal Ethics and Collaborative Law Practice
May 2017: Ethical concerns for lawyers arise in
several aspects of the collaborative process, but mainly in the very mechanics
by which the process is formalized initially. Full article
What Happens When Hired Guns Misfire
March 2017: An Expert Witness Guide to Liabilities, Privileges and Immunities. Full article
Fee-Splitting & Avvo
February 2017: The ethics opinions concerning the
Avvo business model have generated considerable commentary on both sides of the
issue. To be forewarned is to be forearmed.
Legal Ethics and the Impaired Lawyer
January 2017: Impairment can affect every aspect of a
lawyer's practice, including relations with the courts and third parties. Column
Referral Fees and Conflicts of Interest
November 2016: Be careful before seeking a referral
fee for sending a case to another lawyer. The price for the peace you gain may
be the inability to share fees. Column
Sharing Fees, Unintended Consequences
October 2016: A referring lawyer can't "sit on his hands" and count on the receiving lawyer to meet the requirements of the fee-sharing rule. Column
Derivative Liability Revisited
September 2016: We need to be mindful of our ethical duties to persons who are not our clients. Column
See 17 Years of Articles