Topic: Lawyer reaching out to former clients Digest: A lawyer who has changed law firms may contact clients she represented for estate planning purposes at her previous firm, may inform or remind these former clients that she has joined a new firm, and may offer to review their estate planning. Such communications are not advertisements … Continued
Topic: Falsely advertising a partnership among law firms Digest: Separate and independent law firms may not form a PLLC and advertise themselves as members of “ABC Law Group PLLC” because (i) the name would be a false, deceptive or misleading trade name, (ii) the name would be misleading as to the identity of the lawyers … Continued
Topic: Part-time county attorney, parole violation hearings, conflicts. Digest: A part-time assistant County Attorney whose office does not handle criminal prosecutions can generally represent defendants in State parole violation hearings. A conflict may arise in particular cases, such as where the defendant is adverse to the County Attorney’s office in other proceedings or where County … Continued
Topic: Sharing Legal Fees with Former Associate Digest: Subject to any applicable law, a law firm may pay legal fees on particular cases to an attorney formerly affiliated with the firm and now serving in a non-judicial public office for work previously performed at the firm to the same extent that the attorney would have … Continued
Topic: Law firm name after a partner leaves Digest: A law firm may continue to use the name of a former partner in the firm name where the partner leaves the firm for non-legal employment or becomes “Of Counsel” to the firm unless particular facts and circumstances would make it false, deceptive or misleading to … Continued
Topic: Government lawyer doing consulting work for private company Digest: A government agency lawyer, doing work on behalf of the government in connection with a software contract between the agency and a private company, may not also work as a consultant to the private company to help it provide such software to other agencies unless … Continued
Topic: Limited scope representation in criminal cases Digest: A law firm may not enter into a retainer agreement in a criminal matter limiting the scope of the firm’s services to pretrial work unless (i) the limitation is reasonable under the circumstances, (ii) the client gives informed consent, and (iii) the limitation is not prejudicial to … Continued
Topic: Frivolous arguments to a court; withdrawal. Digest: A lawyer is ethically prohibited from presenting a frivolous argument to a court. If the lawyer cannot find a non-frivolous basis on which to proceed with a client’s motion and the client persists on putting before the court arguments the lawyer believes to be frivolous, the lawyer … Continued
Topic: Lawyer paying for recommendation Digest: A lawyer may not participate in an internet lawyer-client matching service that vouches for the lawyer’s credentials, competence and effectiveness, and recommends the lawyer as the “best lawyer” for the needs of the potential client. Rules: 5.4(a), 7.1(a), 7.2(a) FACTS: 1. The inquirer is a lawyer who wishes to … Continued
Topic: Public Defender’s Obligation as to Closed Files and Transfer of Files upon De-Funding of Program Digest: Absent the client’s informed consent, a public defender may not deliver open or closed client files to the assigned counsel program. Rather, the public defender’s office must facilitate the transfer of open client matters to the client or … Continued