ABA/BNA Lawyers' Manual on Professional Conduct: Current Reports Index-Summary

CALIFORNIA

– ABA Model Rules, State Bar approves revisions, 50; more revisions approved, 166; confidentiality rule, text, 168; conflicts, advance consent, comment, 170; final set of rules, approval, 324; screening, comment, 325; inadvertently sent material, rule, 326; more approvals, 473; content of rules, analysis, 474; omitted ABA standards, 476; final set of approvals, 619
– Access to file, use of federal law to sanction law firm re “scorched earth” fight with predecessor counsel (D. Nev.), 256
– Arbitration, fee dispute, arbitrator whose law practice focused on law firms (Cal. Ct. App.), 633
– Attorney-client privilege

– – Blog, e-mail, and internet chat sessions of client, protection of related information (N.D. Cal.), 713
– – Waiver, failure to object to use of inadvertently-produced documents (S.D. Cal.), 68

– Attorneys' fees awards

– – Anti-SLAPP law, award against counsel (Cal. Ct. App.), 670
– – Nonpecuniary interest, availability of award to private attorney general (Cal.), 721

– Conflicts of interest, former client waiver (Cal. Ct. App.), 465
– Contingent fees

– – Charging lien, adverse interest safeguard requirement (Cal. Ct. App.), 287
– – Client's estimated damages as measure (Cal. Ct. App.), 553
– – Statutory mandates, application to hybrid fee arrangements (Cal. Ct. App.), 719
– – Tax assessment case, city payment of fee (Cal. Ct. App.), 38

– Default judgment, complainant failure to specify damages (Cal. Ct. App.), 98
– Disbarred attorney, bar association refusal to sell membership list (Cal. Ct. App.), 128
– Disqualification, ethics screens (Cal. Ct. App.), 239
– Ghostwriting “pro se” pleadings for bankruptcy client, fine (N.D. Cal.), 638; sanction, withdrawal, 698
– Malicious prosecution claim against firm representing Princess Diana's estate (Cal. Ct. App.), 308
– Malpractice

– – Approving form and content of contract, suit against opposing lawyer (Cal. Ct. App.), 191
– – Arbitration preparation, subpoena for insurance claimant mental health records, anti-SLAPP law and litigation privilege (Cal. Ct. App.), 568
– – Derivative suit, asset sale (Cal. Ct. App.), 576
– – Duties to ex-client, petition against real estate project (Cal. Ct. App.), 152
– – Failed patent infringement cases, federal court jurisdiction (Cal. Ct. App.), 694
– – Harming one patent client by helping another (N.D. Cal.), 371
– – Lost patent rights, jurisdiction (Cal. Ct. App.), 225
– – Outside counsel assisting city investigation, immunity re civil rights suit (9th Cir.), 570
– – Product liability, lawyer statements in ads seeking clients, anti-SLAPP laws (Cal.), 310
– – Prospective will or trust beneficiary, standing to sue testator's lawyer (Cal. Ct. App.), 743; other state decisions, 743

– Mock jury, convening in same locale where venire has been summoned for trial (San Diego County Op.), 385
– Multijurisdictional practice exception, registration, report, 171
– Nonclients, standing to challenge joint representation by opposing counsel (Cal. Ct. App.), 493
– Noncomplying pleading, conspiracy suit (Cal. Ct. App.), 197
– Nuisance abatement suits, state entity hiring of private firm on contingent fee basis (Cal.), 462
– Patent suits

– – Discovery lapses (S.D. Cal.), 220
– – Infringement, Qualcomm lawyers' discovery abuse (S.D. Cal.), 22

– Prosecutorial misconduct, state treatment, report, 651
– Settlement, bullying by lawyer (Cal. Ct. App.), 605
– State bar dues, governor signs bill, 80
– Unauthorized practice, transfer of case hinging on application of state law (W.D. Mo.), 496
– Work product protections, witness statements recorded by lawyers (Cal. Ct. App.), 154

CANDOR TOWARD TRIBUNALS

– Perjury by client

See PERJURY

CHILDREN

– Child custody, attorneys' fees award to pro bono group (Md.), 260
– Malpractice, minor's tort settlement, lawyer retained by guardian, duty to minor (Ky.), 193
– Sex abuse, lawyer good faith belief photos were not pornography (Mont.), 48

CHOICE OF LAWS

– Global practice, 447; proposals, 448

CLASS ACTIONS

– Australian suits, funding, 450
– Denial, rehearing, warning re lawyer tone (7th Cir.), 745
– Disqualification, plaintiffs' firm interactions with managerial employee of defendant (D. Minn.), 457
– Fraudulently misleading clients in Fen-Phen case, disbarment (Ky.), 346
– Judge's critical commentary, appealable misconduct (2d Cir.), 95

CLIENT FILES

– End of case, retainer stipulation re handling (New York City Op.), 100; bar panel recommendation, text, 100
– Interview notes, sharing with client (Ohio Sup. Ct. Op.), 261; other state rules, survey, 261
– Online storage and retrieval system (Ariz. Op.), 11

CLIENT FUNDS AND PROPERTY

– Client trust accounts, new ABA rules, 506
– Commingling and mishandling funds, suspension (N.Y. App. Div.), 504
– Inability to account for client's cash, suspension (Mass.), 135
– Lax supervision of dishonest paralegal, suspension (La.), 293
– Settlement, lawyer promise to indemnify third party against debts (Tenn. Op.), 641
– Taking client money to make billing receipts more impressive, disbarment (Md.), 754

COLORADO

– Contingent fees

– – Failure to account for related matters, voidability of agreement (D. Colo.), 602
– – Reduction based on factors occurring after contracting (Colo. Ct. App.), 531

– Malpractice

– – Medical providers, duty to protect settlement interests (Colo. Ct. App.), 692
– – Prominent partner, law firm failure to use throughout case (Colo. Ct. App.), 192

– Online marketing program, criteria for assessing (Colo. Op.), 722
– Prosecutors, disqualification, victim's mother's role in bringing rape charges (Colo.), 697
– Statutory charging lien on client award, existing creditor security interest (Colo. Ct. App.), 748

COMMERCE CLAUSE

– Bar exam not required for in-state law school graduates, challenge to Wis. rule, settlement (W.D. Wis.), 206; state court vote to keep privilege, 616

COMPUTERS

– Cloud computing

– – Benefits and risks, 513
– – Storing client files (Ala. Op.), 723

– E-mail

See E-MAIL

– Fraud, copying files from flash drive (E.D. Wash.), 339
– Internet

See INTERNET

– Malpractice, emerging technologies, standards of care, 271
– Metadata in electronic document, burden to scrub (Minn. Op.), 262
– Online client file storage and retrieval system (Ariz. Op.), 11
– Reviewing privileged data client took from opponent, disqualification (Fla. Dist. Ct. App.), 94

CONFERENCES AND MEETINGS

– American Bar Association (ABA)

– – Annual Meeting

– – – Cloud computing, 513
– – – Ethics 20/20 Commission progress report, 507
– – – International law practice, developments, 510

– – Business Law Section Spring Meeting, 267
– – Ethics 20/20 Commission, 295
– – Internal Corporate Investigations Inst., 301; 301; 302
– – Midyear Meeting

– – – Law firm rankings, 107
– – – Mediation, lawyer participation, 118
– – – Nonlawyer role in firm, 110

– – Natl. Conf. on Professional Responsibility

– – – Concurrent-client conflicts, 353
– – – Hiring private investigators, 352
– – – Multijurisdictional practice, 361
– – – Nonlawyer investors in law firms, 355
– – – Prosecutor disclosure duties, 359
– – – SEC discipline, 357

– Aon Law Firm Symposium, 657; 658
– Association of Professional Responsibility Lawyers (APRL)

– – Annual Meeting, 511
– – Midyear Meeting, 117

– Int'l Legal Ethics Conf.

– – Addressing changes, 444
– – Australian class actions, funding, 450
– – Choice-of-law rules, 447
– – Outsourcing legal services, 449
– – Universal legal ethics code, 445

– Legal Malpractice and Risk Mgmt. Conf.

– – Intended beneficiaries and successor entities, standing to sue or disqualify, 180
– – Judgment defense, 178
– – Privilege for internal law firm communications, 176
– – Risk management, 175
– – “Soft” insurance market, 177
– – Suing clients for unpaid fees, 174

– Natl. Legal Malpractice Conf.

– – Emerging technologies, standards of care, 271
– – Global law firms, risk management, 269

CONFIDENTIALITY

– Attorney-client privilege

See ATTORNEY-CLIENT PRIVILEGE

– City attorney divulging confidences about public officials, suspension (Kan.), 102
– Cloud computing, benefits and risks, 513
– Common interest doctrine, exchanges among state attorneys general (S.C.), 254
– Discovery papers, production to grand jury (9th Cir.), 750
– Friends or relatives of client, use as interpreters (N.H. Op.), 500
– Inadvertent disclosure

– – Civil procedure rule (Fla.), 589; text, 589
– – Unauthorized person, Insights, 623

– Ineffective assistance, former client claim (ABA Op.), 578
– Malpractice

– – Aiding client fraud (Mass. App. Ct.), 402
– – Concurrent adverse representation, inference that secrets were disclosed (Utah), 370

– Marital troubles of former client disclosed, reprimand (Ind.), 559
– Online client file storage and retrieval system (Ariz. Op.), 11
– Sale of law firm, sharing client specifics with potential buyer (Pa. Op.), 609
– Whistleblowing colleagues, lawyer assistance group privacy rule (La.), 470; text, 470
– Work product protections

See WORK PRODUCT

CONFLICTS OF INTEREST

See also DISQUALIFICATION
– Acquisition, lawyer inability to name specific affected client (D.C. Op.), 700
– Arbitration, fee dispute, arbitrator whose law practice focused on law firms (Cal. Ct. App.), 633
– Business transactions rule, deal with friend who was former client (Cal. Bar Ct. Rev. Dept.), 726
– Concurrent-client conflicts

– – Client consent, 658; N.Y. City Op., text, 659
– – Mandatory disqualification (D.N.J.), 91
– – Proposal to end, pros and cons, 353; recent decisions, 354
– – Unrelated representations, Special Report, 479; examples, 481; simultaneous representation, keeping both clients, Special Report, 515; sample advance conflict waiver agreements, 519

– Debt case, appearing for client's daughter without her knowledge, suspension (Ohio), 237
– Drafting gifts, people related by marriage as relatives (Ala.), 643
– Estate administrator counsel, acceptance of surety company mandates for bond issuance (N.J. Op.), 751
– Eviction suit against client/tenants, suspension (N.Y. App. Div.), 236
– Facebook, judges including lawyers as friends, 79
– Former clients

– – Client-created conflict, lost earnings from future work, recovery (N.M.), 664
– – Debt collection, deceased client, suspension (Or.), 502
– – Suit against entity controlled by former client (Vt. Op.), 72
– – Waiver by (Cal. Ct. App.), 465

– Immigration client, affidavit of support (D.C. Op.), 263
– Intellectual property, advance waiver application to subsequent clients (D. Utah), 598; waiver, text, 599
– Job bias, law firm representation of employer after interview of complaining employee (Me.), 281
– Law firms, promise from members to share fees from work after leaving (Tex. Op.), 45
– Lawyer-client relationship, third-party litigation funding, Special Report, 207; champerty restrictions, 209
– Lawyer-mediator, drafting parties' deal (ABA Op.), 433
– Nonclients, standing to challenge joint representation by opposing counsel (Cal. Ct. App.), 493
– Parking rights dispute (Wis.), 674
– Probate proceeding, handling matter after prior appeal ruling in same case (Tex. Ct. App.), 283
– Prosecutors

– – Dismissing case against own client, disbarment (La.), 205
– – Intimate relationship between defense lawyer and appellate prosecutor, informing client (Mass.), 197

– Public defenders

– – Appellate defender, attacking work of trial defender (Ohio Sup. Ct. Op.), 536
– – Codefendants represented by separate lawyers in same office (Mont.), 696

– Restrictive agreement with opposing parties, equitable estoppel (N.J. Super. Ct. App. Div.), 126
– Screening, nonlawyer employee who worked for opposing counsel (Tex.), 547
– Settlements

– – Proposal that opponent stop work on case, restriction on legal practice (D.N.M.), 92
– – Yielding right to seek other cases against opponent (S.C. Op.), 556

– Sexual affair with client's spouse, admonishment (S.C.), 582
– Substantially related matters, test to determine (N.J.), 282
– Temporary lawyer, imputation of conflicts (D.C. Op.), 132
– Third-party litigation financing, market for large insurers, 348
– Victim and criminal defendant, representation of (Mo. Ct. App.), 600
– Website inviting e-mail from public (N.H. Op.), 467

CONNECTICUT

– Perjury, invocation of candor rule, lawyer's knowledge of client intent (Conn.), 338
– Professional conduct rules, vagueness and overbreadth claims (D. Conn.), 747
– Total Attorneys websites, participation, forbidden recommendation (Conn. Statewide Grievance Comm.), 134

CONTEMPT

– Accusatory statements re judge in pleading, conviction, freedom of speech (Mo.), 314
– Allegedly doctored evidence, summary contempt (Va.), 157
– Criminal contempt, sleep apnea defense (E.D. Tenn.), 698
– Defective summary order, correction and reissue on remand (Md.), 258; rule, text, 258
– Subpoenaed documents, failure to produce, immediate appeal (4th Cir.), 89

CONTINGENT FEES

– Amount recovered as measure, inclusion of payment already received (7th Cir.), 423
– Charging lien, adverse interest safeguard requirement (Cal. Ct. App.), 287
– Criminal ban, quasi-criminal matters (N.J. Op.), 233
– Departing lawyer, firm collection when client follows (Mo. Ct. App.), 718
– Discharged firm, quantum meruit recovery (N.Y. App. Div.), 38
– Estimated damages of client as measure (Cal. Ct. App.), 553
– Gross recovery as basis, setoff (Me.), 227
– Handwritten agreement rider for additional retainer, reprimand (Ind.), 611
– Light work in whistleblower claims (1st Cir.), 637
– Malpractice, client award reduced by contingent fee lawyer would have earned (Wash.), 90
– Nuisance abatement suits, state entity hiring of private firm (Cal.), 462
– Open-ended power of attorney in agreement (Ohio Sup. Ct. Op.), 640
– Post-trial settlement as basis (Wash.), 638
– Reductions

– – Factors occurring after contracting (Colo. Ct. App.), 531
– – Ignoring benefit of contingent contracts (4th Cir.), 312

– Related matters, failure to account for, voidability of agreement (D. Colo.), 602
– Retaining lien (Fla. Dist. Ct. App.), 259
– State suit against defendant, standing to challenge firm hired to prosecute (Pa.), 533
– Statutory explanation, failure to provide, enforceability of contract (D. Or.), 336; template for explanation, 337
– Statutory mandates, application to hybrid fee arrangements (Cal. Ct. App.), 719
– Tax assessment case, city payment of fee (Cal. Ct. App.), 38
– Windfall determination may include lodestar calculation (5th Cir.), 604
– Withdrawal from representation without good cause (Ky. Ct. App.), 669

CONTRACTS

– Breach, reasonableness of attorneys' fee award (Pa.), 37
– Contingent fee contracts

See generally CONTINGENT FEES

– Malpractice

– – Approving form and content of contract, suit against opposing lawyer (Cal. Ct. App.), 191
– – Limited-scope contract, liability for staying within (Ind. Ct. App.), 526

– Retainers

See RETAINER AGREEMENTS

CORPORATE PRACTICE

– Attorney-client privilege

See ATTORNEY-CLIENT PRIVILEGE

– Compliance functions and general counsel roles, conferees discuss, 302
– Conflicts of interest

– – Closely-related affiliate of client, representing party against (2nd Cir.), 529
– – Suit against entity controlled by former client (Vt. Op.), 72
– – Third-party litigation funding, Special Report, 207; champerty restrictions, 209

– Exposure of wrongdoing, lawyer protections under whistleblower law (Minn.), 398
– In-house counsel

See IN-HOUSE COUNSEL

– Litigation loss risk, FASB rules, delay, 683
– Malpractice

– – Affiliate loss, client suit against outside counsel (W.D. Pa.), 466
– – Counsel for parent firm and subsidiary, duty to affiliated entities (Neb.), 717
– – Derivative suit, asset sale (Cal. Ct. App.), 576
– – Litigation privilege, inducing ex-company president to reveal secrets (Tenn. Ct. App.), 151
– – Takeover attempt of client, helping corporate competitor (E.D. Pa.), 490

– Opposing subsidiary of client in unrelated litigation (W.D. Wis.), 375
– Oral promise to pay officer's legal fees (Tex. Ct. App.), 318
– Probing misconduct, conferees discuss, 301; DOJ fraud section chief advice, 301
– Risk management, recognizing unworthy clients, 657
– SEC discipline, 357; authority to censure, text, 358
– Third-party financial professionals, liability (N.Y.), 635

CRIMINAL CONVICTIONS

– Assisting breach of no-contact order, suspension (Iowa), 725
– Bar applicant on felony deferred adjudication (Ariz.), 63
– Conspiracy to commit payroll fraud, guilty plea and later expungement, disbarment (La.), 75
– Death sentence after murder conviction, disbarment (Pa.), 505
– Downloading porn, suspension (Ohio), 540
– Drug trafficking, disbarment (Fla.), 560
– Hiding work done for “pro se” bankruptcy filers (7th Cir.), 534
– Materially aiding terrorists, sentencing (2d Cir.), 8
– Negotiating criminal conduct matters, guidelines (D.C.), 756
– Peeping into bedroom and bathroom windows, suspension (Iowa), 437
– Prescriptions written without physician license, suspension after multiple convictions (Ohio), 292
– Probation violation, trespassing on school grounds (La.), 438
– Public indecency, reprimand (Okla.), 235
– Reinstatement conditions, refraining from contact with ex-clients (Wis.), 203
– Tampering with police property in interview room, suspension (Kan.), 643
– Voting rights scandal, state representative guilty plea, disbarment (Mass.), 76
– Whistleblowing colleagues, lawyer assistance group privacy rule (La.), 470; text, 470

CRIMINAL PRACTICE

– Allegedly doctored evidence, summary contempt (Va.), 157
– Attorney-client privilege

See ATTORNEY-CLIENT PRIVILEGE

– Conflicts of interest

See CONFLICTS OF INTEREST; DISQUALIFICATION

– Contingent fees, criminal ban, quasi-criminal matters (N.J. Op.), 233
– Federal rules amendments, approval, 327
– Ineffective assistance claims

See INEFFECTIVE ASSISTANCE OF COUNSEL

– Malpractice

– – Immunity, defense lawyers appointed by federal courts (W. Va.), 226
– – Innocence test, application to habeas corpus-based claim (N.H.), 406
– – Post-conviction relief, effect on suit against defense counsel (Alaska), 601
– – Shifting venue to law firm's home state (N.D.W. Va.), 634

– Perjury, invocation of candor rule, lawyer's knowledge of client intent (Conn.), 338
– Prosecutors

See PROSECUTORS

– Secrecy agreement, getting victim to sign, suspension (La.), 677
– Targeted mail to arrestees, waiting period (W.D. Tex.), 195; Tex. law, text, 195