Medicare Advantage Can Sue Lawyers for Reimbursement
By Caitlin Haney – December 21, 2016
Medicare Secondary Payer Act creates private cause of action against law firms.
Harassment and Discrimination Now Violate ABA Model Rules
By Amy Mattson – December 6, 2016
Amended rule prohibits lawyer harassment and discrimination.
Ethics Board Advises Attorneys to Avoid Medical Marijuana Clients
By Stephen Carr – November 21, 2016
Decision widens jurisdictional split and highlights conflict over marijuana law.
Bad Faith Deletion of Emails Warrants Punitive Sanctions
By Joseph Laizure – November 17, 2016
Decision emphasizes severity of punishment possible when senior managers destroy evidence.
Deletion of Emails Leads to Sanctions
By Matthew S. Mulqueen – November 3, 2016
Terminating sanctions reversed in favor of a prohibition on the presentation of evidence.
Million Dollar Sanction Overturned as Unprecedented, Punitive
By Connor D. Jackson – October 4, 2016
Expert's violation of smoking testimony ban insufficient to sanction counsel.
"Super Lawyers" Beware
By Lauren M. Gregory – September 20, 2016
State ethics committee cracking down on comparative attorney advertising.
Law Firm Disqualified for Retaining and Using Privileged Email
By Daniel P. Elms – September 15, 2016
Failure to follow California procedures for determining privilege causes disqualification.
High Court OKs Ethics Case Based on Paralegal's Improper Use of Facebook
By Onika K. Williams – August 31, 2016
Court finds that attorneys can be prosecuted for social media investigation tactics.
E-Filing Ineptitude Results in Suspension and Censure
By Matthew S. Mulqueen – August 11, 2016
Non-compliance with court orders to acquire technological proficiency leads to discipline.
Judge Restricts Lawyers from Researching Jurors Online
By Carl A. Aveni – July 21, 2016
Disclose extent of research to venire or don't do it at all, judge says.
Lawyer Sanctioned for Pursuing Baseless Case to Summary Judgment
By Andrew J. Kennedy – June 30, 2016
Court awards sanctions of higher attorney fees than charged.
Ethics Board Explains Proper Conduct under Flat-Fee Arrangements
By Katerina E. Milenkovski – June 16, 2016
Advisory opinion addresses where to keep flat fees and related issues.
Addressing Altered Emails, Court Tests Limits of Amended Rule 37New
By Kristen L. Burge – June 3, 2016
No dismissal for intentional spoliation under new discovery standard for ESI preservation.
Actual Innocence Unnecessary for Legal Malpractice Claim
By Caitlin Haney – May 26, 2016
Malpractice involving illegal sentence only requires post-judgment relief.
Ethics Opinion Draws Line on When Social Media Is Considered Advertising
By Catherine McLeod Chiccine – May 20, 2016
Bar association says LinkedIn pages are attorney advertising only if certain criteria met.
Failure to Prepare Deponent Adequately Leads to Sanctions
By Adam E. Lyons – March 2, 2016
Limiting scope of deponent's relevant knowledge is no defense for an unprepared witness.
Independent Counsel Required for Insurers to Avoid Conflicts
By Matthew S. Mulqueen – February 22, 2016
Insurer's reservation of rights may create conflict.
Doing Business with Clients Could Result in No Legal Fees
By Kelso L. Anderson – February 8, 2016
Agreement with client for interest in patent in lieu of legal fees violates ethics rule.
"Severe" Lawyer Referral Rules Needed
By Catherine McLeod Chiccine – January 20, 2016
Florida high court rejects referrals from non-lawyer-owned agencies.