Ethics & Professionalism

Practice Points

What you need to know in a quick-to-read format. Find all of the Ethics & Professionalism Committee’s practice points in this archive.


Candor Toward the Tribunal: The Duty to Cite Adverse Authority
By Alan D. Strasser – January 28, 2021
It is easy to misconstrue Model Rule 3.3(a)(2).


Practical Pointers for Effective Client Communication
By Jeanne M. Huey – November 24, 2020
Effective client communication is an ethical requirement. Keeping good records of those communications is a necessity for self-preservation. Today is the day to start on both.


Voices of Recovery Podcast Series
By ABA CoLAP – November 10, 2017
The ABA Commission on Lawyer Assistance Programs debuted the first of a series of podcasts that will address substance use disorders, mental health issues, addiction, and recovery issues. Episode 1 features attorney Laurie Besden, the Executive Director of Lawyers Concerned for Lawyers of Pennsylvania, who shares her battles with alcohol and drug addiction.

Online Attorney Referral Services Implicate Legal Ethics Issues
By Nicholas Reuhs – November 14, 2017
In an age where people turn to Google as a first step in solving their problems, how should attorneys seek to engage potential clients online?


Ninth Circuit Issues Ruling on Post-Campbell-Ewald Rule 68 Offers
By Adam E. Polk – May 31, 2016
The case is Chen v. Allstate Insurance Co.

Spokeo's "Concreteness Versus Particularity" Dichotomy
By Ashley Bruce Trehan – May 31, 2016
What will this Supreme Court ruling really mean?

Supreme Court Rules Certain Securities Cases May Proceed in State Court
By Adam E. Polk – May 31, 2016
The case is Merrill Lynch, et al. v. Manning et al.

Ninth Circuit: Severance of Unconscionable Provision of Arbitration Clause Preferred When Feasible
By Manfred Muecke – March 31, 2016
The application of unconscionability to arbitration agreements remains a gray area.

Attorney Advertising Restrictions on LinkedIn Activity
By Keith Swisher – February 8, 2016
Does a LinkedIn profile have to comply with all of the ethical restrictions on legal advertising?

Whether You Can Threaten Contempt in a Subpoena for Non-Compliance
By Ronald L. Israel – January 25, 2016
Delivering by mail is likely a no-no.

Threatening to File a Disciplinary Complaint Against Another Lawyer
By John Mastando and Jay Minga – January 4, 1016
The NYC Bar Association issues a formal opinion on the matter.


Kirkland & Ellis Enjoined from Representing Pharma Giant Teva
By Irwin Warren and Jay Minga – December 29, 2015
The decision serves as a cautionary reminder for drafting engagement letters

TX State Bar Ethics Committee Reverses Non-Lawyer Employee Title Opinion
By Irwin Warren and Jay Minga – December 29, 2015
The committee essentially withdrew its March 2014 opinion on one-word titles

Business Law Today: Lessons in Civility from Zenith v. Matsushita
By Irwin Warren and Jay Minga – March 20, 2015
A glimpse into the behind-the-scenes efforts of one federal judge and counsel to engender professional civility duringa contentious case.

Ethics and Professionalism Committee Co-Hosts JIOP Roundtables Non-Lawyer Employee Title Opinion
By Will Knight – March 18, 2015
advice on putting your best foot forward when Interviewing in judicial chambers, what hiring judges are actually looking for in a competitive applicant, and the impact of the Model Code of Judicial Conduct on court employees.

DE Supreme Court Applies Fiduciary Exception to Privilege
By Hope A. Comisky and Jessica K. Davis – March 11, 2015
A recent decision is likely to have a significant impact on the application of the corporate attorney-client privilege.

A Note on the Celgard Decision
By Irwin Warren – March 11, 2015
An important reminder to attorneys as to the scope of the analysis in which they need to engage, in deciding whether they can take on a new client or matter.

Philadelphia Bar Association Joins the Law Firm Officer Title Debate
By Irwin Warren – March 5, 2015
Debate continues over whether law firms may or may not give titles to non-lawyer employees.