“Name Calling” Warrants Mistrial in New Jersey

Attorneys are held to a reasonably well defined standard when it comes to professional conduct.  Clearly, however, not all attorneys abide by this code.  What an attorney may consider zealous advocacy can easily turn into unprofessional conduct if taken too far.  Take for example the following case out of New Jersey where comments from the plaintiff’s counsel were found to exceed the bounds of permissible advocacy and resulted in a mistrial, vacating a nearly $2.5 million judgment.

In Burkert v. Holcomb Bus Service Inc. a …

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Moonlighting: Perils of Working on the Side

Moonlighting is the practice of working for more than one employer or working for yourself while working for an employer.  Professionals who moonlight may be asking for trouble. Many employers have policies forbidding the practice, some going so far as to deem it grounds for immediate termination. A recent case provides an extreme example of moonlighting at its worst.

The debacle arose when a client brought a malpractice suit against two attorneys employed by a law firm. The plaintiff claimed that she was directed to …

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Use of Ethics Investigation in Legal Malpractice Suit

Ethics violations and legal malpractice are two distinct realms that often intersect.  There are often unsettled lines between professional responsibility and professional liability and, accordingly, between attorney disciplinary systems and the civil justice system.  Clients expect and deserve accountability, not only for professional negligence but also for their attorneys’ conduct.  So what happens when a client initiates an ethics investigation, but also initiates a legal malpractice action?  Can information from the former come into play in the latter?

A current New Jersey case is exploring …

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NY Ethics Opinion Provides Guidance for LinkedIn Users

LinkedIn is perhaps the go to social media site for professionals seeking to promote their achievements and build their brand.  LinkedIn has carved a niche within the social media landscape by integrating networking capabilities with the specific needs of professionals hoping to build relationships.  Of course, the site also allows users to “endorse” a connection for certain practice areas or to write recommendations as to the user’s skill-set. It is this component of the site that has generated professional ethics issues and opinions. Moreover, the …

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Play the Hand You’re Dealt

Professionals must play the hand they’re dealt. We can’t pull an ace from our sleeve. We can’t change the facts or the witnesses or the evidence. Many attorneys welcome the challenge of overcoming obstacles within the confines of the ethical code, which can make for a more satisfying result. (Moreover, there is a certain pressure in handling the slam-dunk case because a win is expected and a loss could be unforgivable). Unfortunately, however, some attorneys opt to break the rules when confronted with difficulty. Consider …

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“Friending” Leads to Ethics Complaint

An important aspect of litigation requires counsel to become investigator, to track leads, to turn every stone. Counsel seeks to better understand her adversary. Generally, this discovery process takes the form of formal document production, a long-standing and generally understood method of obtaining information.  In this digital age, many attorneys also take to social media to gain additional information.  However, unlike traditional paper discovery, using social media during litigation is fraught with peril.

Recently, the New Jersey Office of Attorney Ethics filed a complaint against …

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Friendly Reminder: Don’t Lie to Clients

Professional Liability Matters would have considerably less content to discuss but for professionals who break seemingly obvious rules. For example, some would think that it goes without saying that a professional can’t lie to clients. Yet, a recent New Jersey ethics decision is proof positive that professionals don’t always follow the rules, even the easy ones.

In the underlying dispute, an attorney represented a property management company on the wrong end of a $15,000 judgment.  During a television interview, a co-owner of the management company …

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The Ethical Concerns of Blogging Professional Successes

Professionals have embraced social media as a means to promote their businesses and market their professional successes.  Managing social media accounts and writing blog posts allow professionals to directly communicate with prospective clients and advance their brand.  However, professionals must be cautious that marketing tactics in the new age of digital media do not run afoul of traditional ethics rules and statutes regulating advertising and communications with clients.

The State Bar of California Standing Committee on Professional Responsibility and Conduct recently issued a formal opinion

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Ain’t Nothin’ But A “G”ift Thing – Ethics of Accepting Client Gifts

Rapper Dr. Dre recently made headlines when he gifted each member of his legal team a holiday “bonus,” in sums of $10,000 and up.  While undoubtedly very generous, is such a grand gesture from a client to an attorney ethically permissible? It depends.

Model Rule 1.8(c) permits an attorney to accept a gift from a client, if the gift “meets general standards of fairness.”  Simple gifts, like a fruit basket at a holiday or a bottle of champagne as a thank you, are permitted.  If …

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Advertising Via Text is :(

We work in a competitive environment in which professionals seek various methods to reach would-be clients. Social media and other electronic resources may help professionals to connect and establish the brand.  But, your friends at PL Matters routinely warn of the risks of new marketing methods that may infringe upon applicable ethics rules. A New York law firm recently learned that unsolicited text messaging may constitute improper advertising.

In a federal class action lawsuit, a class of plaintiffs alleged that a New York law …

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