2021 NC Formal Ethics Opinion 1
An opinion that addresses ethical pitfalls in contemporaneous residential real estate closings has been issued by the NC State Bar. In 2021 Formal Ethics Opinion 1, approved at the State Bar Council’s quarterly meeting in April, the State Bar Council discusses conflicts of interest, communication… Read More +
Lawyer Suspended for Fictional Billing
A Massachusetts lawyer who billed her clients for hundreds of “fictional hours” and inflated final invoices by more than $200,000 has been suspended from practice. The attorney added around 450 bogus hours to client bills in the year 2015. She didn’t keep contemporaneous billing records. She … Read More +
State Bar Addresses Ethical Duties in Wire Fraud Scenarios
A new State Bar ethics opinion addresses a lawyer’s professional duties in the event of a fraudulent wire transfer in a real property transaction. The opinion is NC 2020 FEO 5, approved by the State Bar on January 15. It is mandatory reading for lawyers who practice real estate and other areas o… Read More +
Bar Grievances Declined in 2020
The NC State Bar opened 927 new grievance files against attorneys in 2020, down from the 1,258 files opened in 2019. Over the course of the year, the Grievance Committee considered 763 grievances and dismissed 538 of them (73 percent). Eleven files were dismissed and retained because the respondent law… Read More +
PI Lawyer Charged with Staging Auto Accidents
Here’s a cautionary tale for PI lawyers: it’s a terrible idea – not to mention a crime – to stage motor vehicle accidents in order to file phony insurance claims. Just ask the New Orleans attorney who has been indicted on federal charges of Conspiracy to Commit Mail and Wire Fraud. He… Read More +
Practice Points with Mark Scruggs: The Trustee’s Duty of Neutrality
Do you ever serve as trustee of a client’s trust? Read More +
Lawyer Accused of Bullying
Lawyer’s Conduct at Deposition Leads To Ethics Complaint Here’s a lesson from Risk Management 101: being polite and professional isn’t just a nice idea – it might keep you from getting reported to the bar. A corollary: avoid the urge to threaten to have opposing counsel’s… Read More +
Practice Points with Mark Scruggs: What Should I Tell My Client about Social Media?
Social media, clients and ethics Read More +
Lawyer Disciplined for Lying to Get a Deadline Extended
Here’s a Risk Management 101 lesson: don’t lie that you’re seriously ill in order to get a discovery deadline extended. It could lead to a suspension of your law license. That’s the possible penalty an Illinois lawyer is facing after he made false statements to opposing counsel about… Read More +
Practice points with Mark Scruggs: Get It Outta There!
Don’t let affirmative defenses that you deem meritless remain in the Answer and a part of the case. Read More +
LegalZoom Sued for UPL in California
LegalZoom has been sued in California for the unauthorized practice of law by preparing and filing trademark applications. The lawsuit was filed by a California patent attorney who says he wants to create an “equal playing field.” The complaint names as defendants LegalZoom, its co-founders… Read More +
Ethics in Time of Pandemic
Your Professional Responsibilities in a Pandemic Even though the pandemic has completely disrupted the practice of law, the ethical obligations you owe your clients – including the duty to maintain communication and handle their cases promptly – remain the same. In fact, the ethics rules were wr… Read More +
Lucy the Poodle Named a Lawyer of Distinction
A poodle in Seattle named Lucy was honored as a Lawyer of Distinction in the field of personal injury law after applying for the award and paying a membership fee. When she applied for the honor in 2017, Lucy claimed to hold a “Juris Dogtor” degree and belong to the King County Bark Association. … Read More +
Ethics Advice When Talking With Prospective Clients
ABA FEO 492 You might want to rethink how you handle consultations with prospective clients, in light of a new ABA ethics opinion. Formal Opinion 492, released in June by the ABA’s Standing Committee on Ethics and Professional Responsibility, provides guidance on Rule 1.18, Duties to Prospective Clien… Read More +
How Prospective Client Consultations Could Impact You — ABA Formal Opinion 492 Explained
Formal Opinion 492 - Read More +