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

NAME OF FIRM

– “Associates,” at least two lawyers required to use in firm name (Minn. Op.), 386
– Deceptive indication of partnership and associates, lawyer suspended (Ohio), 223
– Restrictions, review of regulations ordered (N.J.), 127

NATIVE AMERICANS

– Unauthorized practice, licensed attorney not required for tribe in ICWA matter (Neb.), In Brief, 354

NEBRASKA

– Accepting matter outside experience and providing incompetent representation, lawyer reprimanded (Neb.), 85
– Prosecutors

– – Defense lawyer suspended for offering to stay quiet about prosecutorial misconduct in exchange for dismissal of charges (Neb.), 452
– – Ex parte contact with witness represented in related suit improper (Neb. Op.), 219

– Unauthorized practice, licensed attorney not required for tribe in Indian Child Welfare Act matter (Neb.), In Brief, 354
– Unpaid fee, law firm may assign right to collect (Neb.), 209

NEVADA

– Access to file, lawyers and firm sanctioned over “scorched earth” fight with predecessor counsel (D. Nev.), 211
– Attorneys' fees, offer-of-judgment statute does not allow award to law firm representing itself in fee dispute with former client (Nev.), 7
– Confidentiality, rule barring disclosure of anything related to client representation interpreted strictly (Nev. Op.), 449
– In-house counsel

– – Fees for special admission, Analysis and Perspective, 95
– – Whistleblowers, counsel may pursue state law claims of retaliatory discharge by employer (9th Cir.), 432

NEW HAMPSHIRE

– Candor toward tribunals, lawyer must promptly notify court of false evidence if client does not remedy falsehood (N.H. Op.), 412
– Conflicts of interest, lawyer suspended for representing impaired client, conservator of client's estate, and client's wife (N.H.), 523
– Malpractice suit over prenuptial agreement drafting may proceed after divorce settlement (N.H.), 49
– Metadata embedded in electronic documents, searching for, reviewing, and using not allowed (N.H. Op.), 246; inadvertent disclosure rule, text, 246
– Theft by extortion, lawyer properly convicted for threatening to bring meritless suit unless victim paid (N.H.), 438

NEW JERSEY

– Attorney-client privilege applies to employee's e-mails from work computer to personal counsel (N.J. Super. Ct. App. Div.), 346; conflicting court opinions on applicability of privilege, 346
– For-profit home loan modification services, lawyers may not work for or with (N.J. Op.), 472
– In-house counsel, fees for special admission, Analysis and Perspective, 95
– Malicious use of process, party may sue lawyers of opponent if attorneys' purpose improper and essential right infringed (N.J.), 265
– Name of firm, review of regulations restricting ordered (N.J.), 127
– State employees used to run private law firm, convicted lawyer disbarred (N.Y. App. Div.), 199
– State troopers may be barred from practicing law (D.N.J.), 409

NEW MEXICO

– ABA Model Rules, revisions adopted, 64; lateral screening rule, text, 64
– Business deal between lawyer and client, ethics rule does not control enforceability (N.M. Ct. App.), 108
– Law firms, use of LLC status (N.M. Op.), 60
– Malpractice insurance, lawyers must advise clients of inadequate coverage (N.M.), 454; rule text, 454

NEW YORK

– Advertising and solicitation

– – Public speaker on legal topics, nonlawyer groups may be contacted to indicate willingness to serve as (N.Y. Op.), 522
– – Unsolicited faxes on malpractice issues, no violation of federal junk fax law (N.Y.), 318; FCC guidance defining “unsolicited advertisement,” 318

– Attempted deceit, lawyers subject to treble damages even if unsuccessful (N.Y.), 76; state law, text, 76
– Attorneys' fees, presumption is in favor of local market rates when prevailing party retained out-of district expensive attorney (2d Cir.), 443
– Bribery of public official, convicted lawyer disbarred for crossing state lines to commit (N.Y. App. Div.), 527
– Client audit expense, payment may be made directly to auditor from firm operating account (N.Y. Op.), 13
– Conflicts of interest

– – Aggregate settlement, jointly represented clients may not waive right to approve (New York City Op.), 495
– – Consent, duty to document does not apply if waiver given before new rule adopted (N.Y. Op.), 270

– Criminal defense counsel correction of witness's false testimony not ineffective (2d Cir.), 80
– Ex parte communications, concurrent e-mails to opponent and counsel usually prohibited (New York City Op.), 112
– Inspection of class counsel file, absent client not entitled (N.Y.), 263
– Internal investigations, ethics code amendments raise issues, 256
– Malpractice

– – Hedge fund, firm hired to represent general partner owed no duty to limited partners (N.Y.), 322
– – LLP, associates not shielded from personal liability for own negligence (N.Y. App. Div.), 351
– – Litigation privilege protects statements by opposing counsel in settlement letter (N.Y. Sup. Ct.), 10
– – Mail and e-mails by N.Y. firm into Tex. do not create jurisdiction in state (Tex. Ct. App.), 107

– Medical malpractice, referring lawyer entitled to part of enhanced fee award (N.Y.), 191
– Online solicitation of sex with alleged teenager, lawyer suspended after guilty plea (N.Y. App. Div.), 35
– Sanctions for filing meritless lawsuit, lawyer disbarred for nonpayment of (N.Y. App. Div.), 18
– Self-represented person, lawyer dealing with may go beyond advice to seek counsel (New York City Op.), 194
– State employees, convicted lawyer disbarred for using to run private law firm (N.Y. App. Div.), 199
– Unauthorized practice, lawyer censured for setting up real estate closing firm with nonlawyer (N.Y. App. Div.), 361
– Work product privilege, sorting documents not protected (S.D.N.Y.), In Brief, 81

NONCLIENTS

– Conflicts of interest, nonclient usually lacks standing to raise (E.D. Cal.), In Brief, 11
– Malpractice

– – Escrow mistake, liability to nonclient creditor (S.C.), In Brief, 468
– – Prospective will beneficiaries, lawyer had no duty to act swiftly in drafting will for ailing client (S.C.), 161

NONLAWYERS

– Delegating too much authority to nonlawyer employees, lawyer disbarred (La.), 272
– Division of fees with nonlawyers, incentive bonus plan for marketing expert improper (Del. Op.), 82
– Unauthorized practice

See UNAUTHORIZED PRACTICE OF LAW

NORTH CAROLINA

– Advertising, lawyers may tout victories on website, disclaimers required (N.C. Op.), 521
– Malpractice, client who pursued baseless suit is barred by own wrongdoing from suing lawyer (N.C. Ct. App.), 461
– Vindictive prosecution suit against state bar may not go forward as civil rights claim (N.C.), 249

NORTH DAKOTA

– In-house counsel, fees for special admission, Analysis and Perspective, 95
– Unauthorized practice, out-of-state lawyers' motion and brief re workers' compensation award improper (N.D.), 262
– Variance in standards of review does not preclude reciprocal discipline (N.D.), 198