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Tag: Ethics



Technology Ethics

Law students—avoid malpractice and embrace technology!

February 20, 2019

Did you know that thirty-five states have expressly included knowledge of technology in the official comments for their Rules of Professional Conduct? Most states have adopted language similar to comment 8 of the ABA Model Rule 1.1: Competence. 

MPRE test taker

8 last-minute tips for passing the MPRE

November 08, 2018

Although the MPRE might seem like a walk in the park compared to the bar exam, you don’t want a failed MPRE standing between you and a law license. For those of you cramming for the MPRE, here are 8 last-second tips for passing the MPRE.

LinkedIn-Jury

Is it ethical for lawyers to use LinkedIn to research jurors?

May 01, 2018

Most lawyers want to know as much as possible about the jurors on their case. Some may consider using social media to research jurors but hesitate because they don’t know if they can ethically do so. Consider the following scenario. Scroll all the way down for the answer. Attorney Grace represents Plaintiff

Phone-Ad

Can text message ads bring you more clients – or more problems?

March 21, 2018

I have no personal experience with this, but there are studies that have found that text message advertising is more effective than email campaigns. I hear that it works better because it is simple, fast, and won’t break the bank. However, the question lawyers must ask is whether text messaging

Self Reporting

A lawyer's duty to self-report disciplinary misconduct

February 01, 2018

The central theme for this article is Oklahoma’s Rules Governing Disciplinary Proceedings (RGDP) 7.7(a), which revolves around lawyer misconduct received in other jurisdictions and the duty to self-report. This article takes a deeper look into a rule that is not tested on the bar exam, yet looms over every Oklahoma licensed attorney (reciprocity or not), and also has a time frame for compliance.

Facebook Friends

Can judges and attorneys be Facebook friends?

November 14, 2017

Should you be concerned if your opposing counsel and the judge on your case are “friends” on Facebook? What if you are a judge and you are “friends” with one of the attorneys who appears before you?

Empty Wallet

Withdrawing from the client who owes you money

October 10, 2017

If a lawyer has a client who has fallen behind in payments, and future payment does not appear to be forthcoming, a lawyer may try to withdraw from the representation. If you withdraw, how much information should you share about the reason for your withdrawal?

Shh

An attorney's loose lips can sink a client's ship

October 04, 2017

The origins of the title to this article derives from World War II at a time when ship convoys from the United States were making their way across the Atlantic to the United Kingdom.  Anyone in the know about ship movements was warned not to talk about it publicly for

Doing someone a legal favor? You're not doing yourself any.

July 25, 2017

Nate has been your daughter’s soccer coach for almost 3 years. Nate’s daughter is your daughter’s closest friend. Nate is a pretty good soccer coach and has led your daughter’s team to the finals every year. After a mid-season game all the players and the parents decided to go out

Adderall

When what you don't know can end your legal career before it starts

June 06, 2017

Every year around this time, graduating law students are preparing to take the bar exam; and completing the Character & Fitness questionnaires with the hope that the Committee will find they are fit to practice law. Perhaps you know a law student; or you have one working in your office;

Ethics Series

What are the parameters of 'practice' if you're not yet a lawyer?

April 19, 2017

Law students often receive their first practical experience in the practice of law as a law student employee of a law firm. This can be a great experience for law students, but a law student is not a lawyer and what the law student is allowed to do is limited. Our

Discipline

Keep your practice out of disciplinary trouble with these tips

March 09, 2017

There are bad examples in every profession, even in the law. This webinar will help you from becoming the next bad example. "Steering Clear of Lawyer Discipline" addresses several pitfalls of the trends in today's legal field. Many recently licensed lawyers are going solo, practicing in small firm settings or are

Civility

Civility is the Core of Your Successful Career

February 15, 2017

Not only do lawyers serve as representatives of their clients, they serve as officers of the legal system and public citizens having special responsibility to the quality of justice. But how can lawyers go about being professionals while remaining civil with the person on the other side of the table? Learn

Money Loan

When helping a client might be unethical

January 17, 2017

In certain cases, you may have a client who is struggling financially while waiting for that hoped for recovery in the matter you are handling for them. You want to help them in some way, but can you?

Silence

When small talk leads to ethics trouble for attorneys

December 07, 2016

On those rare occasions when you might be able to leave the office and attend a networking event or maybe just to meet some friends, you might not be thinking of your ethical obligations but maybe you should. Consider the following scenario. The answer and explanation can be found at the bottom. One of

Technology and Ethics

Don't let technology 'bite you in the backside' – ethically speaking

November 17, 2016

Rule 1.1 of the ABA Model Rules of Professional Conduct (Competence) states that in order to maintain requisite skill and knowledge, lawyers should “keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology…” Many states are adopting this language, which resulted

MPRE Study

How ABA membership can help you prepare for the MPRE

October 24, 2016

With the another round of MPRE exams coming up, I thought I'd share some thoughts about the exam. First, some perspective on the MPRE. I almost used "help you ace the MPRE" in the title. Then I remembered, it's a pass/fail exam. One might consider anything above and beyond a passing score

Michael Dumas

What's new in ABA membership?

August 05, 2016

Membership in the ABA – aside from being law students, it is what we all have in common. We all came to the ABA through different means, whether it was from signing up with ABA Reps during the school year, joining on our own, or perhaps even because our school enrolled

Ethics Tips logo

Ethics tip: Limited-scope services

July 01, 2016

In November of 2015, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 472, Communication with Person Receiving Limited-Scope Legal Services. In this opinion, the Committee discussed various communication issues as they relate both to a lawyer who provides limited scope representation to a client under Model