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

LAW FIRMS

– Advertising and solicitation

– – Incentive bonus plan for marketing expert improper (Del. Op.), 82
– – Websites, Fla. Bar proposal rejected (Fla.), 137

– Attorneys' fees, offer-of-judgment statute does not allow award to firm representing itself in fee dispute with former client (Nev.), 7
– Client audit expense, payment may be made directly to auditor from firm operating account (N.Y. Op.), 13
– Conflicts of interest

– – Arrivals and departures, anticipation of problems, conferees discuss, 150
– – Proposed office building, firm representing builder may not withdraw from representing other client who opposes proposal (Philadelphia Bar Ass'n Op.), 447
– – Screening of lateral hires

See SCREENING

– Employment contract with new associates may not require payment to firm for clients taken upon attorney departure (Ariz. Op.), 411
– Job bias claim against firm, shareholder not required to arbitrate (3d Cir.), 159
– LLC status, use of (N.M. Op.), 60
– Malpractice

– – LLP, associates not shielded from personal liability for own negligence (N.Y. App. Div.), 351
– – Prompt action after errors can limit damage exposure, conferees told, 144; conflict waiver for engagement letter, text, 145
– – Vicarious liability improper unless one attorney is liable, no direct liability for firm (Ohio), 400

– Name of firm

See NAME OF FIRM

– Outsourcing of work

– – Legal or support services may be outsourced with client consent (Ohio Op.), 470
– – Out-of-state and foreign lawyers may receive work, disclosure to client usually needed (Colo. Op.), 493

– Privileged communications

See PRIVILEGED COMMUNICATIONS
– – Attorney-client

See ATTORNEY-CLIENT PRIVILEGE

– – Work product

See WORK PRODUCT

– Risk management, conferees discuss, 140
– Sanctions

– – Rule 11, exceptional circumstances save law firm from being penalized with lawyers who pursued claims lacking evidentiary support (6th Cir.), 103
– – Trial conduct, bad faith of lawyer cannot be imputed to firm for sanctions under court's inherent power (2d Cir.), 241

LAWYER-CLIENT RELATIONSHIP

– Criminal cases, federal test adopted to assess effect of conflicts of interest (Cal.), 59
– Denial of withdrawal motion improper after client refused to pay fees (6th Cir.), 162
– Former clients

See FORMER CLIENTS

– Former girlfriend, no official relationship existed despite handling financial affairs during her rehab stint (Md.), 499
– Ineffective assistance

See INEFFECTIVE ASSISTANCE OF COUNSEL

– Inspection of class counsel file, absent client not entitled (N.Y.), 263
– Joint defense agreement, lawyer participation mandates disqualification of new firm after merger (N.D. Cal.), 6
– Lack of contact with insured does not nullify (Minn. Ct. App.), 216
– Limited assistance representations, Mass. to allow, 255
– Malpractice in loan transaction, borrower's attorney owed duty to lender who was intended third-party beneficiary (R.I.), 186
– Prospective clients

– – Conflicts of interest, none found since initial consultation did not create relationship (W. Va.), 359
– – Possible referral talks, protection of information during (D.C. Op.), 130

LEGAL AID AGENCIES

– New clients, nonprofit may continue to accept despite risk of closure from recession (Md. Op.), 412

LIBEL

See DEFAMATION

LIENS

– Attorneys' liens

– – Medical lien, priority over (Cal. Ct. App.), In Brief, 468
– – Patent applications and sale proceeds, lien may attach to (Mass.), 406
– – Unresolved fee dispute, lawyer need not endorse joint-payee settlement check since lien would be extinguished (Cal. Op.), 473

– Charging lien for fees, lawyer may bring in underlying suit (W. Va.), 78

LIMITATIONS PERIODS

See STATUTES OF LIMITATIONS

LIMITED LIABILITY COMPANIES (LLCs)

– Law firms, use of LLC status (N.M. Op.), 60

LOUISIANA

– Advertising and solicitation, rules amended but legal challenges move ahead, 367; rules upheld except internet ad requirements (E.D. La.), 435
– Conflicts of interest, lawyers suspended for modifying fee arrangement to favor firm over client (La.), 388
– Conversion of client funds, lawyer suspended (La.), 17
– Defamation, lawyer reprimanded for filing action against former client over statements to disciplinary authorities (La.), 170
– Delegating too much authority to nonlawyer employees, lawyer disbarred (La.), 272
– Disciplinary proceedings, gag rule violates free speech rights (La.), 208; text of rule, 208
– In-house counsel, fees for special admission, Analysis and Perspective, 95
– Malpractice

– – Assignment of claims improper (La. Ct. App.), 287
– – In-house privilege, law firm may not claim against current client (E.D. La.), 319
– – Statutes of limitations

– – – Bankruptcy, federal law trumps state time limit for filing claim on behalf of debtor's estate (5th Cir.), 462
– – – Defective complaint, amendment does not extend period for filing suit (La.), 349

– Operating vehicle without insurance, professional discipline unwarranted (La.), 299
– Trading insults and courtroom altercation, one lawyer suspended, other reprimanded (La.), 298