#LegalEthics Tidbit: Don’t cut and paste the judge’s signature onto a fake decree

A VA lawyer’s negligence resulted in a divorce decree not being issued, so he tricked his client by cutting and pasting the judge’s signature from another divorce decree and gave it to the client. The forgery was uncovered in part because of the lack of an automatic date stamp on the fake, and because both the fake and real decrees misspelled the word “Court.” License revoked.

https://lnkd.in/eSfs3i_f

#LegalEthics Tidbit: Can a judge speak to a room full of prosecutors if defense lawyers are not invited?

Yes, per the FL Judicial Ethics Advisory Cmty. A judge who often speaks about a particular topic was asked to give that talk to an association of state prosecutors. If the judge does not act in a manner that fails to promote confidence in the integrity & impartiality of the judiciary, it’s ok to give a speech to a homogeneous group on a general legal topic.

https://lnkd.in/eQeiWSiV

#LegalEthics Tidbit: Two cases involving the same kid are probably substantially related

A TN attorney represented a father in a neglect petition involving a minor child. He later represented the mother (adverse to the father and without his consent) in an action to modify the parenting plan for the same child. Since the two cases involving the same kid were substantially related, he violated 1.9 (conflict of interest, former client). Public censure.

https://lnkd.in/enqCG9qQ

#LegalEthics Tidbit: Verify All Wiring Instructions!

NC’s recent disciplinary report contains three separate reprimands for three attorneys who failed to verify what turned out to be fraudulent wiring instructions in various real estate and loan transactions. The three lawyers collectively gave away about $800,000 in client funds to con-artists. Always verify wire transfer information you receive.

https://lnkd.in/g74UgZDt

Photo by Tima Miroshnichenko via Pexels

#LegalEthics Tidbit: Can I talk to a represented party without their counsel's permission if their counsel hasn’t put in an appearance?

No. A VT lawyer represented a wife in pre-divorce-litigation settlement talks; husband also had counsel. When litigation began, husband’s counsel did not initially appear in the matter. The lawyer directly spoke to husband even after learning he still had counsel. 4.2 violation; 30 day susp.

https://lnkd.in/emN57_8d

#LegalEthics Tidbit: Can a judge attend a felon’s Labor Day picnic?

In 1990, a NJ judge attended a widely publicized Labor Day picnic of a friend whose 2 ½ year jail sentence for racketeering convictions was to begin 2 days after the holiday. The NJ Supreme Court publicly reprimanded the judge for creating an appearance of impropriety, i.e., the appearance that he endorsed the behavior of the person associated with the picnic.

https://lnkd.in/eKyit3S6

Photo by Askar Abayev via Pexels

#LegalEthics Tidbit: Can a judge sit on cases involving his former private practice opponents?

Before taking the bench, a TN judge was an expert adverse to a law firm, opining that the firm’s fees were “outrageous.” In 2022, the judge was assigned to an unrelated fee-related case involving the same firm. The TN Supreme Court held that a judge is not required to recuse simply because he advocated or made public statements against a party while in private practice.

https://lnkd.in/ecQ9zSwg

#LegalEthics Tidbit (Back to School Edition): Judges are not traffic cops

A NY judge was stuck in traffic behind a school bus which was behind a double double-parked teacher. The judge flashed her official court business card Mulder & Scully style, complained to the school safety officer and the bus driver, then found the teacher and called her a “stupid bitch” who was preventing her from running her courthouse. Admonished (plus apology letter).

https://lnkd.in/ewucnRzq

#LegalEthics Tidbit: No, your honor, I’m not calling you “#bossbitch”

A NY Town Justice was censured for “puerile and explicit” social media posts, in which she referred to herself as “#bossbitch” and “#ladyboss,” joked about being hung over, and bragged about that time she “drew a dick on [a friend’s] face when he passed out on the plane lol.”

https://lnkd.in/gJMKrHV5

#LegalEthics Tidbit: If I share an office with another lawyer, but we are not in the same firm, can we be adverse?

ABA Formal Opinion 507 opines that two such lawyers may be adverse if the appropriate measures are taken to shield confidentiality and not hold themselves out as a firm. Disclosures to the adverse clients about the office sharing may be required. However, the opinion lists some states that advise lawyers to avoid these situations entirely.

https://lnkd.in/e5j64Q6y

#LegalEthics Tidbit: Is it a conflict for a prosecutor to switch sides and become a public defender in the same court?

The NY State Bar Assoc. has opined that a former D.A. can work for the public defender in the same county, provided he does not represent a client in (and must be effectively screened from) a matters in which he was personally and substantially involved as a D.A. or about which he acquired confidential government information.

https://lnkd.in/entzeDyV

#LegalEthics Tidbit: Don’t host judicial biographies on your firm web page

A NY judge learned that a local firm’s website was hosting biography pages for judges they appeared before, each page including the firm name & logo as if there was some association. The judge asked the NY Committee on Judicial Ethics if he was obliged to report this conduct. The Committee opined that the judge must request the firm take down the page, but after that has no further obligation.

https://lnkd.in/eKdSBJYR

#LegalEthics Tidbit: Don’t shoot out the tires of your ex-wife’s car

A UT lawyer pled guilty to a felony firearm discharge after he shot at the tires of car his ex was driving. A lower court denied an interim suspension, reasoning that conviction of a violent crime wasn’t enough for the act to reflect adversely on his fitness to practice; there needed to be evidence with regard to the specific circumstances of the crime. The UT Supreme Court reversed and remanded.

https://lnkd.in/evjBWXDm

#LegalEthics Tidbit: Don’t retroactively increase your hourly rate

An OH attorney appointed to administer an estate with no known next of kin prepared an engagement letter with an hourly rate. When he applied to the Court for fees, he retroactively increased the rate for himself and an associate by $100/hour. He also signed the associate’s name to stuff w/o authorization. The associate and his dad (a firm named partner) discovered the misconduct. 6 mos. suspension.

https://lnkd.in/e7sz2adF

#LegalEthics Tidbit: Don't do illegal stuff on YouTube

A TN Attorney was publicly censured for, among other things, maintaining a YouTube channel in which she identified herself as an attorney and smoked marijuana. Because smoking marijuana is illegal in TN, this conduct “demonstrated a lack of respect for the law and legal institutions,” according to the Court.

https://lnkd.in/eV736VyJ

Photo by Pavel Danilyuk via Pexels

#LegalEthics Tidbit: When you are suspended, stop pulling the strings

A TN traffic-ticket lawyer on a three-year suspension for trust account violations continued to manage and market his firm; to recruit and hire new attorneys as contractors to service his firm’s cases and do the work he was prohibited from doing; to supervise staff working on those cases; and to communicate with clients through intermediaries. Susp. 2 years with 18 mos served.

https://lnkd.in/enrGA3hS

#LegalEthics Tidbit: It ain't over 'til it's over, but then it's over

A MA attorney lost an eviction case. He failed to file an appellate brief, resulting in final judgment against his client. He tried to relitigate the case in multiple state & federal fora as if it hadn’t already been decided, leading to sanctions. He was also found in contempt by the First Circuit. Even after he was fired by the client, he kept litigating purportedly on her behalf. 18 mos. Susp.

https://lnkd.in/eeftC9cc

#LegalEthics Tidbit: Is a lawyer bound by other ethical rules in addition to the Rules of Professional Conduct?

In many states, yes. In MA, our Prof. Conduct rules are found in SJC Rule 3:07, but there are also additional rules in SJC Rule 4:01, including a prohibition against hiring disbarred lawyers, a reporting requirement for criminal convictions, and a prohibition against paying off a client to withdraw a disciplinary complaint.

https://www.massbbo.org/Files?fileName=Hiding%20in%20Plain%20Sight.pdf

#LegalEthics Tidbit: How do I get paid if my flat fee representation is terminated prematurely?

Quantum meruit normally requires a lawsuit to collect a partial fee where a flat fee representation is prematurely terminated by the client. VA Legal Ethics Opinion 1899 discusses the use of conversion clauses to provide for more efficient alternatives, including hourly rates and benchmarks. The key to enforceability is whether it has been adequately explained to the client.

https://vsb.org/Site/news/rules-news/20220630-leo-1899.aspx

#LegalEthics Tidbit: When is it ethical to disobey a court order?

Per rule 3.4(c), if you openly assert no valid obligation exists. Does any reason qualify? No, per the NJ Sup. Ct., (1) the refusal must be open; (2) based on an assertion no valid obligation exists; (3) in subjective good faith; & (4) an objectively reasonable attempt to test the validity. Note: the ethical aspect of this is independent of the court's sanction & contempt powers, so be careful.

https://lnkd.in/edFR8NNX