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ABA Journal Ethics Articles

ABA Journal Ethics Articles

Trust Account Guidelines for Lawyers Adapt to Electronic Banking 
By Selina Thomas (February 2011)

Websites May Trigger Unforeseen Ethics Obligations to Prospective Clients
By Eileen Libby (January 2011)

IF ASKED, DON'T TELL An ineffective assistance claim is no excuse for ignoring confidentiality
By Eileen Libby (November 2010)

CONFLICTS CHECK, PLEASE: Sharing some client information can be OK when moving to a new firm
By Eileen Libby (January 2010)

FOLLOW THE MIDDLE ROAD: Revised ABA Model Rule seeks consensus on screening guidelines
By George A. Kuhlman (May 2009)

WATCH WHAT YOU ASK FOR: Appearances count when judges seek private funds for courts
By Eileen Libby (April 2009)

PROCEED WITH CAUTION: An ABA opinion tells in-house ethics counsel how to play by the rules
By Eileen Libby (February 2009)

SPLIT DECISIONS: Starting out with multiple clients may leave a lawyer with no clients in the case
By Eileen Libby (December 2008)

A QUALIFIED YES: U.S. lawyers must manage outsourcing arrangements to avoid ethics concerns
By: Eileen Libby (November 2008)

YOU HAVE TO SHARE: The format of documents doesn’t change a lawyer’s duty to release them to a client
By: Kathryn A. Thompson (September 2008)

JUDGES ARE CLIENTS, TOO: But representing them raises unique ethics considerations for lawyers
By: Eileen Libby (August 2008)

LET'S BE REASONABLE: Client consent to fee agreement doesn't mean it's ethical
By: Kathryn A. Thompson (March 2008)

WHEN THE TRUTH CAN WAIT: There are times when a lawyer may engage in a bit of deception—but not many
By: Eileen Libby (February 2008)

PUTTING A KINDER FACE ON LITIGATION: ABA opinion gives collaborative law practice an ethics thumbs-up
By: Eileen Libby (January, 2008)

TALKING POINTS: Class action lawyers face restrictions in communicating with potential clients
By: Eileen Libby (December, 2007)

THE TOO MUCH INFORMATION AGE: Authorities Seek Clarity on Unsolicited Information from Prospective Clients
By Kathryn A. Thompson (July, 2007)

WHAT YOU CAN DO-OR NOT: Bar against communicating with adverse parties doesn't apply to inside counsel
By Eileen Libby (June, 2007)

PRIVATE TALKS: Lawyers Shouldn't Have Ex Parte Communications with Judges--Except When It's OK
By Kathryn A. Thompson (February, 2007)

LAWYERS ARE DOCTORS, TOO: But There Is No Clear Ethics Rule on Whether They May Say So
By Kathleen Maher (November, 2006)

KEEP UP THE GOOD WORK: Ethics Rules on Competent Representation Make No Exception for Public Defenders
By Eileen Libby (October, 2006)

RULES OF THE GAME: Ethics Rules on Truthfulness Give Lawyers a Little Room to Maneuver When It Comes to Negotiations
By Eileen Libby (September, 2006)

WE'RE IN THIS TOGETHER: Lawyers Should Heed Client Consent Rules in Reaching Aggregate Settlements
By Eileen Libby (July, 2006)

STILL THE BOSS: Firms Must Retain Supervision of Employees under Outsourcing Arrangement
By Kathryn A. Thompson (June, 2006)

ETHICAL BUT UNEMPLOYED: Attorneys May Put Their Jobs at Risk by Reporting Other Lawyers' Misconduct
By Kathleen Maher (March, 2006)

THE 'OOPS' FACTOR: Latest Model Rule Leaves Wiggle Room for Lawyers Receiving Misdirected Materials
By Eileen Libby (February, 2006)

TUSSLE OVER TITLES: Ethics Opinions Wrangle With Terms Lawyers Use to Identify Themselves
By Kathryn A. Thompson (January, 2006)

MAY vs. MUST: Ethics Rules Don't Give Lawyers Absolute Guidance on When to Report Wrongdoing
By Kathleen Maher (November, 2005)

TEMPTING FATE: Regulators Reject Client Agreements to Forgo Ethics Complaints Against Lawyers
By Kathryn A. Thompson (September, 2005)

LOOKING AHEAD: ABA Ethics Opinion Says Clients May Waive Objections to Future Conflicts of Interest
By Eileen Libby (August, 2005)

RECIPROCAL SURPRISES: Lawyer Sanctioned in One State for Ethics Breach May Face Stiffer Penalties Elsewhere
By Kathleen Maher (July, 2005)

A BIG IF: Representing an Insurance Company May Conflict with the Needs of Other Clients
By Eileen Libby (June, 2005)

LEGAL NIGHTHAWKS: Lawyers Who Choose to Moonlight Are Better Off if They're Open About It
By Kathryn A. Thompson (May, 2005)

BEYOND FIRST IMPRESSIONS: It's Not Always a Conflict to Represent One Client Who Disinherits Another Client
By Eileen Libby (April, 2005)

LEGAL WHITE LIES: Courts and Regulators Strive to Identify When a Little Deception Isn't So Bad
By Kathryn A. Thompson (March, 2005)

DUTY CALLS: Report Colleague's Ethics Breaches Even When Violator Is Not a Practicing Lawyer
By Kathleen Maher (February, 2005)

JUDICIAL CODE GETS REWRITE: Proposed Changes Address Gifts, Travel, Charitable Activities and Impairment
By Eileen Libby (January, 2005)

NAMING RIGHTS AND WRONGS: May a Firm Use a Former Partner's Name? It Depends on the Circumstances
By Kathryn A. Thompson (December, 2004)

THE MEANING OF 'FOREVER': Duty of Confidentiality Survives Client's Death and Sometimes Executor's Waiver
By Elizabeth J. Cohen (November, 2004)

THE REAL DEAL-BREAKERS: Lawyers Must Operate Ancillary Businesses Within the Boundaries of Ethics Rule
By Kathryn A. Thompson (August, 2004)

SCREEN TEST: Nevada is the Latest State to Let Firms Screen Nonlawyers to Avoid Disqualification
By Kathleen Maher (July, 2004)

CHOOSING WHAT TO KEEP: Lawyers Must Choose Carefully When Adding Provisions to Fee Retainer Agreements
By Arthur Garwin (April, 2004)

HAND IT OVER: Courts Differ on When a Lawyer must Turn over Materials to Successor Counsel
By Elizabeth Cohen (February, 2004)

TRADING FILES FOR FEES: States Differ on Whether Lawyer May Hold Client's Documents in Effort to Be Paid
By Arthur Garwin (January, 2004)

JUST IN CASE: Plan Now for who will Close your Practice if You're not there to do it
By Arthur Garwin (November, 2003)

SHARING THE CONSEQUENCES: A Lawyer's Mental Impairment Raises Ethics Issues for Other Members of the Firm
By Eileen Libby (July, 2003)

UNCERTAIN DUTY: Prospective Clients' E-Mail Queries may not be Entitled to Confidentiality
By Kathleen Maher (June, 2003)

PAUSE BEFORE YOU SETTLE: Ethics Rules may not allow Lawyers to Forgo Future Suits
By Elizabeth Cohen (April, 2003)

FILE LIFE: Use Local Ethics Rulings to Tell when to Destroy Old Client Documents
By Kathleen Maher (February, 2003)

THE LESS YOU KNOW...: New Model Rule Clarifies Obligations to Prospective Clients
By Elizabeth Cohen (December, 2002)

HIRE STANDARDS: Firms Must Proceed Carefully when Employing a Judge's Former Law Clerk
By Kathleen Maher (August, 2002)

STAND BY FOR TROUBLE: Exercise Caution when Assisting Pro Se Litigants as Advisory Counsel
By Elizabeth Cohen (April, 2002)

GAG THE GRIPES: Lawyers who Badmouth Judges Could Face Sanctions
By Kathleen Maher (February, 2002)