This Thanksgiving edition of the Lawyers’ Lawyer Newsletter gives thanks that the ABA Formal Opinion 473 offers guidance about how to respond to a subpoena for production of client materials. This edition of the Newsletter considers an attorney’s obligations when facing a subpoena seeking privileged information or documents related directly to the representation of a current or former client. READ MORE
News & Views
The Lawyers’ Lawyer Newsletter with Hinshaw: October 2021 Issue
This ghoulish edition of the Lawyers’ Lawyer Newsletter starts with some Tricks for effective
communication. Spoiler alert – the trifecta duties of competence, communication and informed
consent are key to clear client communication. The newsletter closes with some Treats – a survey of ethics opinions that help lawyers mitigate the risk of claims due to poor communication. READ MORE
From Clyde & Co: Is Counseling in Connection with Medical and Recreational Marijuana a Crime?
In this article, we review whether a lawyer may ethically assist a client’s business in medical and
recreational marijuana to the extent authorized by state law. To date, 36 states and four territories
permit medical use of cannabis products. 18 states, two territories and the District of Columbia permit recreational use of marijuana. READ MORE
Lawyering Law: California State Bar Issues Interim Ethics Opinion Regarding Remote Work
A risk management bulletin from Hinshaw and LawyerGuard outlines an opinion issued by the California State Bar Standing Committee on Professional Responsibility pertaining to the ethical duties of a lawyer who’s working remotely. The opinion states that remote practice does not alter a lawyer’s ethical duties. While the opinion governs California lawyers, it is instructive for lawyers in other jurisdictions. READ MORE
Freeman Mathis & Gary LLP: 2021 Update on IP Malpractice Law
David Kramer and Theo Nittis from Gemini Risk Partners participated in a recent FMG LAW presentation on Malpractice Law and Professional Liability in the Intellectual Property practice area. The presentation covered current trends in intellectual property malpractice claims, discussion of recent IP malpractice cases, and key take-aways and practical guidance. READ MORE
From Clyde & Co: A Lawyer’s Ethical Duty: Reporting Opposing Counsel’s Ethical Violations
In this newsletter, we review when lawyers’ ethical duties to report opposing counsel’s violation of the Rules of Professional Conduct pursuant to Rule 8.3 is required, and whether it is ever permissible to threaten to make such a report. Most ethics committees have opined that reporting the violation is required, but that it is not permissible to threaten to file a complaint. READ MORE