No lawyer sets out to become a disciplinary statistic. Some lawyers, however, find themselves corresponding more often with disciplinary authorities than others. Solo and small firm practitioners, especially with practices in criminal, family or personal injury law, receive the highest number of client complaint letters. During the many
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.
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.
No matter how hard we try, we just can’t be in two places at the same time. When you have two client matters pending on the same date and time, can you send your paralegal to cover one of those matters?
Everyone makes mistakes. Some are minor errors like a typo. Some are more significant and can jeopardize your client’s case. The question arises as to what duty a lawyer has to tell the client they made a mistake.
Honing your social media competency is critical to avoiding professional quagmires and ethical snares in at least two realms: fiduciary duty to clients and conflicts of interest.
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
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
While this article takes no position on the ethics issues if any that are implicated in these events, it is instructive to explore how the Supreme Court justices address matters of judicial ethics that may from time to time confront individual members of the Court.
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.
Lawyers using email to communicate with clients is the norm. There is usually an expectation and understanding that these communications are privileged. But, can the privilege be lost?
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?
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?
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
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
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;
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
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
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
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?
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
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
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
The Law Student Division is partnering with the Center for Professional Responsibility and the Young Lawyers Division for a series of four webinars that focus on ethics and the ABA's Model Rules of Professional Conduct. You can register for all four right now: Oct. 11:
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