Ethics

Category: Ethics

June 12, 2014 • Ethics, Professional Liability Matters, Risk Management

C.E.Oh No. Titles Firms Should Avoid

Attorneys, architects, accountants, engineers, insurance brokers and agents are all business-persons. Some of these professionals balance their professional obligations on the one hand with business obligations on the other. Pay bills, manage staff, execute leases, develop operational strategy. For some professionals overwhelmed by the business side of running a professional organization, an option is to rely upon laypersons for help. Indeed, it is not uncommon for firms to hire individuals to head up operations, some who may be designated with prestigious titles: CEO or COO. But as fitting as these titles are in the corporate world, these designations may be problematic for law firms.

June 5, 2014 • Advertising, Ethics, Professional Liability Matters

Hire Me; I’m a SuperLawyer. Ethics & SuperLawyer Advertising

It’s that time of year again. Every summer, SuperLawyers® publishes its list of the “top” attorneys and Rising Stars across the country. Many attorneys included in the publication incorporate the designation into their biographies or otherwise notify clients and prospects of the honor. Like any form of attorney marketing, however, attorneys must be careful to comply with the applicable ethical rules governing advertising when referencing SuperLawyers®.

May 6, 2014 • Ethics, Legal Malpractice, Professional Liability Matters, Technology

Legal Zoom’s Business Model Prompts Ethical Debate

As the legal industry evolves, attorneys and would-be clients continue to experiment with alternatives to the standard law firm model. Some websites offer do-it-yourself standardized legal forms for basic legal needs such as will preparation, lease agreements or corporate formation documents. You’ve probably seen the commercials for Legal Zoom, Nolo, RocketLawyer and others. But, what is actually for sale? Has an attorney drafted these documents? If so, are these attorneys subject to professional malpractice exposure? If not, are these sites engaged in the unauthorized practice of law? These are hot issues in many states. Notably, according to a recent opinion out of South Carolina, Legal Zoom’s practices are consistent with the rules of professional conduct.

April 29, 2014 • Ethics, Professional Liability Matters

A Case of Black Robe Disease

Judges are bound by a code of conduct in the jurisdiction where the judge sits. Like the code governing attorneys, judicial codes vary somewhat from state to state. There are ramifications for judges who break this code, some can be very severe. In the more common scenario, a judge may face criticism for conduct that may be perceived as an inappropriate use of the bench also known as “black robe disease,” when a judge lets her authority over the court go to her head. Take for example the Florida judge who was recently investigated for allegedly using the courtroom to publicize his political views.

April 23, 2014 • Advertising, Ethics, Professional Liability Matters

Beware of the Referral Website

Professionals love a good referral source. Some attorneys and others use referral service-providers to reach a wider audience via the internet. But these services are not without risk. A recent Indiana decision demonstrates the ethical pitfalls inherent in referral websites. In this decision, an attorney was held accountable for an improper advertising model utilized by the referral website.

April 22, 2014 • Ethics, Professional Liability Matters

NCAA Sports Probe Triggers Ethics Complaint

The NCAA has established strict rules to regulate the activities of student-athlete representatives, aka “boosters.” If a booster violates collegiate rules, the NCAA can take action to hold an athlete ineligible from competition or impose other sanctions upon the school. In a recent unexpected development, the NCAA was put on the defensive when its investigation of the University of Miami football program revealed that one of its own attorneys may have violated Florida’s ethics rules.

March 25, 2014 • Ethics, Legal Malpractice, Professional Liability Matters

Lying During Settlement Negotiations

Attorneys are bound by strict ethical rules that mandate truthfulness in statements to others. However, when it comes to settlement discussions, many attorneys channel their inner Pinocchio and lie, exaggerate, mislead, bluff, bend the truth, and misrepresent. In an effort to be a zealous advocate and obtain a favorable result for our clients, attorneys must negotiate without revealing the true bottom line. But, there is a point when a little lie is actually an ethical violation. Where does the line fall between puffery and improper misrepresentations?

March 20, 2014 • Ethics, Legal Malpractice, Professional Liability Matters

Attorney Reprimanded for Criticizing Out-of-State Judges

Attorneys are expected to show the utmost respect when appearing before the judiciary. There is a line that differentiates zealous advocacy and disrespect. In a recent decision, a New Jersey attorney learned a valuable lesson about bad mouthing the court, even if that court sits in another jurisdiction.

March 18, 2014 • Ethics, Professional Liability Matters

An Ethics Lesson from Judge Judy

Popular television judge “Judge Judy” is known for her no-nonsense approach inside her courtroom. Based on the recent lawsuit she filed against a law firm, it would appear that she maintains that same approach outside the courtroom. Judith Sheindlin – better known as “Judge Judy” filed a March 12 lawsuit alleging that a fellow Connecticut attorney used her image in advertisements without permission. The suit provides another reminder of the risks of attorney advertising.