Legal Ethics

Lawyer Bloggers Beware: “Public” Client Information Is Still Confidential

Confidentiality, Advertising, Legal Ethics, Social Media Ethics / By

Lawyers love to talk about their client success stories and latest wins, particularly on websites, blogs, LinkedIn and other social media.  This form of lawyer self-promotion is particularly pronounced in litigation matters, where the victorious lawyers and their firms routinely, and proudly, announce to the world what wonderful result they achieved for their client. Many […]

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Attorneys’ Ethical Duties When Representing Clients With Diminished Capacity

Attorney Mental Health, Attorney Wellness, Attorneys and Addiction, Legal Ethics, Legal Malpractice, Litigation Ethics, Malpractice / By

These days, it’s good to be a trusts and estates lawyer. While the rest of legal field is scrambling to figure out how to survive the next few weeks and months with little new business coming in and much existing business on hold, attorneys who represent the elderly and infirm report a boom in business.

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Quandries and Quagmires: Legal Ethics, Risk Management in Pandemic

Attorney Internet Scams, Attorney Mental Health, Civility/Professionalism, Coronavirus ethics, IP Ethics, Legal Ethics, Legal Malpractice, Professionalism / By

by Charles Lundberg, Esq. Reprinted with permission. Published March 30, 2020 in Minnesota Lawyer. In a span of less than two weeks, the coronavirus outbreak has caused unprecedented disruption in law firms and created a host of new issues for firm general counsel and ethics partners. Here is a sampling of new ethics and risk

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Quoted in Law360: “$32M Dentons Verdict Could Put Vereins In The Crosshairs”

Conflicts of Interest, IP Litigation Malpractice, IP Litigation Sanctions, IP Malpractice, ITC Sanctions, Legal Ethics, Litigation Ethics, Litigation Ethics, Malpractice, trademark malpractice / By

On February 25, 2020, Michael E. McCabe, Jr. was quoted in Law360 (including the lead story in IP360 and Legal Ethics360), in an article entitled “$32M Dentons Verdict Could Put Vereins in the Crosshairs“ by Aebra Coe. The Law360 article addresses the ethical risks of the Swiss verein structure as it relates to conflicts of

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The Curious Case of the Twerking BigLaw Attorney

Civility/Professionalism, Legal Ethics, Litigation Ethics, Professionalism / By

From the now-I’ve-heard-everything category, there is this: A plaintiff in a federal action claims that during the course of a mediation of her employment discrimination case, counsel for the defense–a partner with a major international law firm– allegedly “shook his butt” at plaintiff’s counsel while uttering profanity. Plaintiff demands sanctions of $7,000 for the alleged,

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Attorney-Client Sex: A Bad Idea That’s Also Unethical

ABA Model Rules of Professional Conduct, Conflicts of Interest, Legal Ethics, Moral turpitide / By

For decades, regulators and courts have ruled that sex with a client during the course of the professional relationship is unethical. Nonetheless, lawyers continue to flout precedent and are frequently disciplined for engaging in sexual relations with their clients. Some cases of impermissible attorney-client sex are no brainers–such as the attorney who insists on a

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Federal Court DQs Law Firm in Patent Infringement Case, Rejecting Advance Conflict Waiver

Conflicts of Interest, IP Ethics, Legal Ethics, Litigation Ethics, Patent Ethics, Patent Litigation Ethics / By

A federal court in Alabama yesterday disqualified a law firm from representing a new client in a patent infringement case against a current firm client. In Southern Visions, LLP v. Red Diamond, Inc. (N.D. Ala. Feb. 26, 2019), the court held that Bradley Arant Boult Cummings (“Bradley”) was ethically barred from representing one client (Southern

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