Category: Ethics

Ethics

When and How to Report Ethics Violations

The legal profession is somewhat unique in that it permits self-policing.  An attorney has an obligation to report misconduct; however, a threat to report misconduct may itself run afoul of the ethical rules.  At issue are at least two competing rules of professional conduct.  We all want to make sure attorneys, as a group, are fighting cleanly, but these competing rules present a dilemma.  How to know when, if, and how to report?

On one hand, Model Rule of Professional Conduct 8.3 imposes upon a …

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Ethics / Social Media Lessons

Safe Social Media Management: Part III

Today we focus on the ethical implications of endorsements and social media reviews in our final installment of PL Matters’ three-part series exploring the Pennsylvania Bar Association’s recent opinion on the ethics of social media management. While recognizing others’ abilities, and being recognized yourself, is an important marketing tool, the practice of “rating” by peers and clients is not without potential pitfalls. Social media endorsements are varied. Some websites permit users to recommend or endorse another’s skills. Other sites allow clients to submit reviews of …

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Ethics / Social Media Lessons

Safe Social Media Management Part II

PL Matters is pleased to provide the second portion of a three-part series exploring the Pennsylvania Bar Association’s new opinion on the ethics of social media management. Here, we consider an attorney’s obligations when communicating through social media and whether and to what extent an attorney may use social media content during litigation. Simply put, it’s a dangerous but navigable road.

First Consideration: Represented or Unrepresented?

Rule 4.2’s prohibition against communication with a represented party without attorney consent also applies to social media contact. But, …

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Ethics / Legal Malpractice

The Lying Client: An Attorney’s Obligations

ABA Model Rule of Professional Conduct 3.3, Candor Toward the Tribunal, mandates that an attorney may not knowingly offer false evidence. That’s the easy part: don’t lie. Things get a bit more complicated when it is the client engaged in knowing misrepresentations or deceit. In circumstances when an attorney is aware of a client’s lies, the attorney “shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.” But what are “reasonable remedial measures”? How soon must the conduct be reported and how? …

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Ethics / Social Media Lessons / Technology

New Ethics Opinion on Safe Social Media Management

Professional Liability Matters is pleased to present a multi-part blog series exploring a new opinion on the ethics of social media management. As sites like Twitter, Instagram, and Facebook continue to skyrocket in popularity, the use (and abuse) of social media in the business world remains a hot topic in the professional liability realm. Without fail, most networking events, seminars, and CLE presentations include a social media component and for good reason. Social media can be a great tool for all professionals, but can also …

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Advertising / Ethics / Social Media Lessons

The Ethics Bog of Professional Blogs

We love blogging! Blogs have become an increasingly important part of professional practice.  Writing blog posts allows professionals to increase their social media presence and keep clients informed about recent developments in their respective industries.  At the same time, blogs are an invaluable marketing tool that allows professionals to connect with potential clients and develop new business relationships in a less formal, and more interactive, medium than traditional print publications.  But, bloggers beware. While this new form of interaction can be highly beneficial, professionals should …

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Ethics

Blurred Lines: Professional Advisor or Business Partner?

Some professionals are regularly presented with the opportunity to engage in business ventures with their clients.  Whether the professional is retained to review an investment opportunity for a client, provides advice regarding a client’s business, or invites a client to invest in a new venture, professionals may occasionally find themselves transitioning from the role of advisor, into that of a business partner.  However, blurring the line between professional advisor and partner can easily lead to ethics violations and civil liability. 

 

Consider this example. In In …

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Ethics / Legal Malpractice

Becoming a Pro at Pro Hac Vice Admission

Pro hac vice admission is a valuable tool for an attorney seeking to practice in a state in which she is not licensed. A Latin term meaning “for this turn,” pro hac vice is a relatively simple process, requiring only a sponsor attorney and that the out-of-state attorney seeking admission be in good standing in her home state. However, pro hac vice admission is not without risks, as illustrated by a recent New Jersey case.

In Pender v. Beiter, a New York attorney was …

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Ethics / Social Media Lessons

Monitoring a Client’s Social Media Content

Proceed with caution! The intersection between social media and attorney ethics is fraught with peril. In fact, all professionals should be on high alert when interacting with clients or would-be clients on social media sites. You all know this and you’ve heard it before from your friends at PL Matters and others. Still, there is no shortage of social media blunders impacting the PL community. The Philadelphia Bar Association Professional Guidance Committee recently released an ethics opinion addressing four common questions facing lawyers whose clients …

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Ethics / Legal Malpractice

The Ethics of Lateral Moves

Attorneys are on the move. Today’s lawyers rarely stay at the same firm for the duration of their career.  Rather, it has become commonplace for associates, partners, of counsel, shareholders, members and any other type of attorney to move at least once before settling on a long-term professional home.  Some attorneys leave for money. Some for opportunity or geography. Some leave for personal reasons. Some attorneys may switch firms in the hope that they can transfer business to firms better suited to their particular practice …

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