Category Archives: ABA opinions

ABA Formal Opinion 496 addresses ethics issues related to lawyer responses to online criticism and provides guidance

Hello everyone and welcome to this Ethics Alert, which discusses recent American Bar Association (ABA) Formal Opinion 496, which addresses ethics issues related to lawyer responses to online criticism and provides guidance.  ABA Formal Opinion 496 is here:  https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/aba-formal-opinion-496.pdf As … Continue reading

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ABA Formal Opinion 495 addresses ethics and UPL issues related to lawyers working remotely and provides guidance

Hello everyone and welcome to this Ethics Alert, which will discuss American Bar Association (ABA) Formal Opinion 495, which addresses ethics issues related to lawyers working remotely and provides guidance  ABA Formal Opinion 495 is here:  https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/aba-formal-opinion-495.pdf     The ABA opinion … Continue reading

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ABA Formal Ethics Opinion 493 addresses Model Rule 8.4(g) prohibiting harassment and discrimination based upon, inter alia, race, sex, religion, national origin, and sexual orientation

Hello everyone and welcome to this Ethics Alert, which will discuss the (very) recent (July 15, 2020) American Bar Association Formal Opinion 493 titled “Model Rule 8.4(g): Purpose, Scope, and Application”, which provides guidance on application of the rule prohibiting harassment … Continue reading

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ABA Formal Opinion 491 discusses a lawyer’s obligation to avoid counseling or assisting a client in a crime or fraud

Hello everyone and welcome to this Ethics Alert, which will discuss recent ABA  Formal Opinion 491 (issued 4/29/20), which discusses and provides guidance regarding a lawyer’s obligation to avoid counseling or assisting in crime or fraud in non-litigation settings.  The … Continue reading

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The client is missing and the statute of limitations expires soon: what can or must a lawyer do?

Hello everyone and welcome to this Ethics Alert, which will discuss the ethics issues when a client is missing (or refuses to communicate) and the statute of limitations is about to expire.  I have been asked this question (or a … Continue reading

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ABA formal ethics opinion provides guidance for recusal of judge because of a personal relationship

Hello everyone and welcome to this Ethics Alert, which will discuss ABA Formal Opinion 488, which provides guidance on a judge’s obligation to recuse because of a social or close personal relationship with a lawyer or party.  ABA Formal Opinion … Continue reading

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ABA Formal Opinion 484 provides guidance when a client may need third party legal fee financing

Hello everyone and welcome to this Ethics Alert which will discuss ABA Formal Opinion 484, which addresses third party financing of the lawyer’s fees and concludes that a lawyer may refer a client to a fee financing companies even if … Continue reading

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ABA issues Formal Ethics Opinion 483 providing ethics guidance to lawyers before and after a cyber breach or hack

Hello everyone and welcome to this Ethics Alert which will discuss recent (October 17, 2018) American Bar Association Formal Opinion 483 which provides guidance to lawyers before and when there has been a cyber breach or hack.  The opinion is here:  … Continue reading

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ABA Formal Opinion 481 states that lawyers have an obligation to inform current clients of material errors

Hello everyone and welcome to this Ethics Alert which will discuss ABA Formal Opinion 481, which addresses a lawyer’s obligation to promptly inform a current client if the lawyer believes that he or she has made a material error.  ABA … Continue reading

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ABA Formal Opinion 480 addresses lawyer/client confidentiality obligations related to lawyer blogs and other public commentary

Hello everyone and welcome to this Ethics Alert which will discuss ABA Formal Opinion 480, which was released on March 6, 2018 and addresses lawyer ethics and confidentiality obligations when engaging in blogging and other public commentary.  The ABA Formal … Continue reading

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