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

E-MAIL

– Advertising and solicitation

– – Direct contact prohibition does not apply to contact with union or contact via e-mail (Md. Op.), 489
– – Key word triggers, lawyers may use e-mail service providers that scan messages to insert (N.Y. Op.), 110

– Attorney-client privilege, “at-issue” waiver, test clarified, messages between county officials and government counsel protected (2d Cir.), 556
– Hacking into another law firm's computer system, lawyer suspended (W. Va.), 290
– No-fault divorce, remark telling friend lies re separation could speed up, lawyer reprimanded (Md.), 220
– Opponent's damaging attorney-client messages, lawyer's duty upon learning client has obtained (Philadelphia Bar Ass'n Op.), 165
– Unpaid fees, N.Y. lawyer may sue Cal. clients for work done by phone, fax, and e-mail (N.Y.), 11

EAJA

See EQUAL ACCESS TO JUSTICE ACT (EAJA)

EDUCATION

See LAW SCHOOLS

EFFECTIVE ASSISTANCE OF COUNSEL

See INEFFECTIVE ASSISTANCE OF COUNSEL

ELDERLY LAWYERS

See AGING LAWYERS

ELDERLY PERSONS

– Commingling funds and charging excessive fees, lawyer suspended (Mont.), 89
– Conflicted dealings with elderly sisters, lawyer suspended (Or.), 568
– Trust account, lawyer suspended re use to launder nursing home funds (Ohio), 63

ELECTRONIC RESOURCES

– Ed. Note: For a list of selected articles, BNA products, and Internet sources, see back page of each issue.

EMBEZZLEMENT

– Failure to supervise staff and trust accountant who embezzled funds, lawyer suspended (Wash.), 386

EMPLOYMENT DISCRIMINATION

See DISCRIMINATION

EQUAL ACCESS TO JUSTICE ACT (EAJA)

– Attorneys' fee award belongs to client, not lawyer (11th Cir.), In Brief, 320
– Attorneys' fee award belongs to lawyer, not client (8th Cir.), 485
– Environmental group not prevailing party entitled to attorneys' fees despite pretrial mooting of case after injunction (10th Cir.), 159
– Federal appeals court may award attorneys' fees (9th Cir.), In Brief, 57
– Limitations period begins when time for filing cert petition with U.S. Supreme Court expires (Fed. Cir.), In Brief, 382
– Paralegal expenses may be reimbursed at prevailing rates (U.S., judg rvs), 281

ESTATES

See WILLS AND ESTATES

EVIDENCE

– Hourly fee contract, client cannot offer parol evidence to assert cap on total fees (Tex.), 373
– Misappropriation of client funds, dead man's law does not bar defense evidence of verbal permission by client (N.Y.), 323

EXPERT WITNESSES

– Malpractice defendant may depose expert as fact witness (Or.), In Brief, 109
– Sexual relationship with client's wife, jury verdict upheld, expert evidence not needed (Miss.), 427