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

LABOR

– Malpractice, botched union negotiations, federal jurisdiction (S.D. Ohio), 426

LAW FIRMS

– At-will employee, employment contract arbitration clause (Wash. Ct. App.), 10
– Conflicts of interest

– – Failed screening of paralegal (Tex. Ct. App.), 288
– – Interview of employee complaining of job bias, representation of employer after (Me.), 281
– – Lawyer mobility, 117; confidentiality rules, comparison, 117
– – School board on which firm associate serves as officer, job bias suit against (E.D.N.Y.), 463

– Contract lawyer, duty to firm's client (Phila. Op.), 407
– Disaggregation of legal tasks, risk management, 175
– Disbarred or suspended lawyers, work for former firms (Va. Op.), 12
– Global law firms, risk management, 269; planning for overseas offices, 270
– Ignoring law partner's fraudulent behavior, suspension (N.Y. App. Div.), 345
– Malpractice

– – Affair between wife of client and lawyer (Miss.), 373
– – Prominent partner, failure to use throughout case (Colo. Ct. App.), 192
– – Securities fraud, liability for statements not attributable to firm (2nd Cir.), 278

– Name of firm

See NAME OF FIRM

– Nonlawyers

See NONLAWYERS

– Nuisance abatement suits, state entity hiring of private firm on contingent fee basis (Cal.), 462
– Outsourcing legal services

– – Conference, 449; steps to fulfill supervisory duties, 449
– – N.Y. City Bar report, 19

– Partner assault on employee, firm liability (La. Ct. App.), 374
– Sale of firm, sharing client specifics with potential buyer (Pa. Op.), 609
– Supervisory lawyer, failure to monitor marketing claims on firm website, reprimand (La.), 675
– Virtual office as primary workspace

– – (N.J. Op.), 232
– – (Pa. Op.), 606

– Withdrawal

See WITHDRAWAL FROM LAW FIRM

LAW SCHOOLS

– Admission to bar, accreditation requirement, out-of-state lawyer with lengthy exemplary record (Utah), 125
– Bar exam not required for in-state graduates, commerce clause challenge to Wis. rule, settlement (W.D. Wis.), 206; state court vote to keep privilege, 616

LAWYER-CLIENT RELATIONSHIP

– Arbitration agreement, client consent (Wis. Ct. App.), 528
– Civil Asset Forfeiture Reform Act (CAFRA), withdrawal from representation after appointment (2nd Cir.), 405
– Collaborative law practice as form of limited-scope representation (S.C. Op.), 319; opinions of other jurisdictions, 319
– Continued representation after cooperative law process failure (Tex. Ct. App.), 550
– DOJ torture memo lawyers, disciplinary referral, 139
– Friends or relatives of client, use as interpreters (N.H. Op.), 500
– Good faith pursuit of flawed strategy, unlawful conduct (Ohio), 102
– Ineffective assistance

See INEFFECTIVE ASSISTANCE OF COUNSEL

– Lost earnings from future work, recovery from former client (N.M.), 664
– Malpractice

– – Intended beneficiaries and successor entities, standing to sue or disqualify, 180
– – Minor's tort settlement, lawyer retained by guardian, duty to minor (Ky.), 193

– Medical marijuana use, advice required upon client inquiry (Me. Op.), 431
– Nonlawyer assistant, use to communicate with client (Mich. informal Op.), 501
– Open-ended power of attorney in contingent fee agreement (Ohio Sup. Ct. Op.), 640
– Pro se litigant assistance, disclosure to court (Mich. informal Op.), 383; opinions of other jurisdictions, 384
– Third-party litigation funding, conflicts, Special Report, 207; champerty restrictions, 209
– Unbundled services and ghostwriting (Ala. Op.), 673
– Unilateral disclosure of client information, suspension (Iowa), 202
– Unpaid fees, withdrawal from representation in case nearing trial (R.I.), 746

LEGISLATION, FEDERAL

– House

– – HR 4326, Attorney-Client Privilege Protection Act, prohibiting forced corporate waivers, ABA supports, 81
– – HR 4364, Citizen Participation Act, providing procedural tools to combat SLAPPs, introduced, 81

– Senate

– – S 3987, Red Flag Program Clarification Act, narrowing scope of FTC rule, Senate passes, 734; House passes, 758

LIENS

– Billing for outsourced services (Ohio Sup. Ct. Op.), 12
– Charging liens

– – Adverse interest safeguard requirement in contingent fee cases (Cal. Ct. App.), 287
– – Expert testimony on reasonableness of fees (Fla. Dist. Ct. App.), 466
– – Statutory lien on client award, existing creditor security interest (Colo. Ct. App.), 748

– Retaining lien in contingent fee matter (Fla. Dist. Ct. App.), 259

LIMITATIONS PERIODS

– Malpractice

See MALPRACTICE, subheading: Statutes of limitations

LIMITED LIABILITY COMPANIES (LLCs)

– National law firm, branch office staffed by in-state lawyer (R.I.), 62

LOUISIANA

– Conspiracy to commit payroll fraud, guilty plea and later expungement, disbarment (La.), 75
– Malpractice, standing, citizen suit re Congressional allocation of Katrina relief money (D.D.C.), 602
– Mortgage fraud, disbarment (La.), 702
– Partner assault on employee, law firm liability (La. Ct. App.), 374
– Probation violation for trespassing on school grounds (La.), 438
– Prosecutors

– – Dismissing case against own client, disbarment (La.), 205
– – Withdrawal as counsel for criminal clients untimely, suspension (La.), 204

– Secrecy agreement, getting victim to sign, suspension (La.), 677
– Supervision failures

– – Dishonest paralegal, suspension (La.), 293
– – Marketing claims by employee on firm website, reprimand (La.), 675

– Whistleblowing colleagues, lawyer assistance group privacy rule (La.), 470; text, 470