Ethics

An elderly client contacts you by telephone and asks you to do a codicil to her Will. She tells you that she wants to disinherit her two children and leave everything to a caretaker. The client shows up at your office with the caretaker. The caretaker insists on speaking for the client and does not want you t… Read More +

You can be a judge, or you can be a rap star, or you can be a TikTok video influencer. But it’s probably a bad idea to try and be all three at once. Just ask the New Jersey judge who was slapped with a professional complaint after posting TikTok videos of himself lip-synching to music with sexual and vi… Read More +

Here’s a risk management pro tip: if the judge in your case suggests you are slinging mud and engaging in schoolyard antics, it’s not a good sign.  It’s even worse if the judge warns if you keep it up, you might face disciplinary sanctions.  Consider the case of Peterson v. Pickeri… Read More +

Amid distressing news of bank failures, inflation and economic uncertainty, lawyers have growing questions about the scope of their ethical duty to safeguard client funds. The North Carolina State Bar is providing some answers.  The State Bar has a new FAQ page on its website. It went up after the bar re… Read More +

In the last quarter of 2022, the NC State Bar considered 292 lawyer grievances. Most of those files (257) were dismissed. Five lawyers were given reprimands, seven received admonitions, five received letters of warning, and one was censured. Two matters were continued. Four lawyers were referred to the Trust A… Read More +

After obtaining a $20.7 million class-action verdict from Kimberly-Clark[i] and making over a hundred appearances on various television talk shows[ii], attorney Michael Avenatti’s once-rising star plummeted. While facing allegations of domestic violence and charges for tax evasion, wire fraud, and identity theft, Avenatti decided to leverage “the power of his platform” to extort Nike by demanding money in exchange for silence on the company’s allegedly illegal practices.[iii]  This scheme eventually landed Avenatti in jail for 30 months.    Read More +

In law school you learned it’s unethical to directly solicit potential clients; a new ABA ethics opinion says you also have an affirmative obligation to ensure your employees and associates don’t either. American Bar Associate Ethics Opinion 501 expands the prohibition on attorneys engaging in im… Read More +

A Minnesota lawyer who made false statements on her resume and forged a law school transcript has been suspended from practice for six months. The state Supreme Court issued the suspension for untrue statements the lawyer made in her search for a job. The attorney did not contest the disciplinary matter. Here… Read More +

It’s never good when a judge accuses you of “hiding the ball” and “playing fast and loose” during the discovery process. It’s even worse when the judge says you’ve “turned the case sour” with “nasty litigation tactics.” That’s what happ… Read More +

Here’s some risk management advice for personal injury lawyers: think twice before making a demand for future pain and suffering on behalf of a client who died 10 months ago. You might wind up having to face the State Bar on disciplinary charges. That’s what happened to an attorney in Illinois, … Read More +

The most frequent complaint clients have about their lawyer is not lack of competence or losing at trial. It’s poor communication. “[F]ailure to keep a client adequately informed is far and above the number one complaint clients have,” says Lawyers Mutual claims attorney Will Graebe. &ldqu… Read More +

  How to spot a counterfeit check, and what should you do if you think you’ve been scammed? That question is at the heart of a recent NC State Bar ethics ruling, which suggests you start by using the smell test, followed by due diligence. 2021 Formal Ethics Opinion 2 discusses a lawyer’s pro… Read More +

Is it okay for a lawyer to text or email a judge and request a continuance because of a family emergency? What if the lawyer also notifies all the other judges in his district, not just the one presiding over the case? Is the ex parte problem cured if the lawyer also copies opposing counsel on the message? Th… Read More +

  In light of the NC State Bar’s crackdown against lawyers who don’t take adequate protection to prevent wire fraud, attorneys should pay attention to two ethics opinions. The State Bar issued a notice of Heightened Discipline in the Fall 2021 issue of the State Bar Journal. In its notice, th… Read More +

Law Lessons from Shoeless Joe’s Last Ballgame Read More +