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

PATENTS

PENNSYLVANIA

– Conflicts of interest, firm representing builder of proposed office building may not withdraw from representing other client who opposes proposal (Philadelphia Bar Ass'n Op.), 447
– Facebook page, lawyers may not mislead witnesses into granting access to (Philadelphia Bar Ass'n Op.), 218
– Fees, adoption court may not sua sponte reduce based on notions of reasonableness (Pa. Super. Ct.), 490
– Frivolous appeal by criminal defendant, contents of Anders brief (Pa.), In Brief, 492
– In-house counsel, fees for special admission, Analysis and Perspective, 95
– Ineffective assistance, no prejudice presumed despite deficient brief by appellate counsel (Pa.), 353
– Job bias claim against firm, shareholder not required to arbitrate (3d Cir.), 159
– Malpractice, courts have no duty to find viable theories in complaint (Pa.), 236
– Metadata embedded in electronic documents, lawyers may use (Pa. Op.), 245

PERSONAL INJURY

– Charging excessive fee and unquestioning acceptance of supervisor instructions, lawyer reprimanded (Ohio), 692
– Incompetence not valid basis for disqualification (Wash. Ct. App.), In Brief, 730
– Malpractice, conferees discuss highest-risk areas of law practice, 536
– Solicitation of families of air crash victims, lawyer settles charges of violating federal law, 530

PRIVACY

See CONFIDENTIALITY; PRIVILEGED COMMUNICATIONS

PRIVATE FIRMS

See LAW FIRMS

PRIVILEGED COMMUNICATIONS

– Attorney-client privilege

See ATTORNEY-CLIENT PRIVILEGE

– Fair reporting privilege, lawyer issuing press release with defamatory statements repeated from complaint not automatically protected (Ill. App. Ct.), 463
– Litigation privilege, malpractice

– – Mid-trial settlement offer, absolute privilege protects attorney letter (Cal. Ct. App.), 125
– – Settlement letter, statements by opposing counsel protected (N.Y. Sup. Ct.), 10

– Tax practitioner privilege, tax shelter exception limited (In Brief), 354
– Work product protections

See WORK PRODUCT

PRO BONO REPRESENTATION

– Tenn. rules seek to boost lawyer provision, In Brief, 226

PRO SE REPRESENTATION

– Advice to seek counsel, lawyer dealing with self-represented person may go beyond (New York City Op.), 194
– Attorneys' fees

– – Defective home construction, lawyer representing himself and wife not entitled to fees (Cal. Ct. App.), 556
– – Rule 11 sanctions

– – – Frivolous suit, lawyer defending self not entitled to fees (Cal.), 51
– – – Pro se lawyer not entitled to fees after opponent sanctioned re frivolous suit (Md. Ct. Spec. App.), 585

– Baseball cap and jeans, pro se lawyer lacks right to wear at hearing (E.D.N.Y.), 558
– Defendants, prosecutors may negotiate pleas with (Wis. Op.), 195; text of rule, 196
– Limited assistance representations, Mass. to allow, 255
– Settlement agreement indemnification clause allows pro se lawyer to collect contractual fees (La. Ct. App.), In Brief, 593
– Suspended lawyer disbarred for asserting frivolous defense while acting pro se during suspension (Va.), 251

PROBATE MATTERS

See WILLS AND ESTATES

PROCEDURE

– Appeals

See APPEALS

– Arbitration

See ARBITRATION

– Class actions

See CLASS ACTIONS

– Discovery

See DISCOVERY

– Private right of action lacking at common law to sue for unauthorized practice of law (Ohio), 442
– Res judicata, fraud claims against lawyer of opponent need not be joined to suit against opponent (Minn. Ct. App.), 401
– Rule 11 sanctions

See RULE 11 SANCTIONS

– Standing

See STANDING

– Statutes of limitations

See STATUTES OF LIMITATIONS

PROSECUTORS

– Conflicts of interest

– – Defendant testifying against family member in separate case, prosecutor may not try case against (Ind.), In Brief, 645
– – Hiring lawyer who earlier represented defendant, no per se rule disqualifying entire office (Utah), 467
– – Post-conviction relief waivers, scope of plea agreements limited (Mo. Op.), 327; views of ethics committees from other states, 327

– Defective license, defendant must show harm to obtain retrial (Minn.), 243
– Defense lawyer suspended for offering to stay quiet about prosecutorial misconduct in exchange for dismissal of charges (Neb.), 452
– DOJ Professional Responsibility Office, Brown named head, 203
– E-mail messages sent to personal counsel at work protected (D.D.C.), In Brief, 729
– Ex parte contact with witness represented in related suit improper (Neb. Op.), 219
– Exculpatory information, duty to disclose goes beyond Brady obligation (ABA Op.), 471
– Misconduct, intimidation of witnesses, stock option backdating suit against Broadcom execs dismissed (C.D. Cal.), 738
– Post-trial DNA testing, absolute immunity shields delay in revealing (2d Cir.), 683
– Pro se defendants, prosecutors may negotiate pleas with (Wis. Op.), 195; text of rule, 196
– Screen in 2-person office effective (Mich. Ct. App.), In Brief, 688
– Sharing information improperly

– – Explicit photos of minors, prosecutor suspended (Kan.), 61
– – Informer data, supervisory prosecutor has absolute immunity from civil rights suit over failure to train other lawyers (U.S., judg rvs), 58

– Trading leniency for cash donations, lawyer suspended (Iowa), 133
– Trial conduct, judge who dismissed Stevens (R-Alaska) case orders probe of top prosecutors (D.D.C.), 202
– Use of PowerPoint jigsaw puzzle in closing argument improper (Cal. Ct. App.), In Brief, 644

PROSPECTIVE CLIENTS

– Conflicts of interest, none found since initial consultation did not create lawyer-client relationship (W. Va.), 359
– Lawyer-client relationship, protection of information during possible referral talks (D.C. Op.), 130
– Malpractice, potential clients may sue for bad advice during initial interview (Colo. Ct. App.), 104

PUBLIC DEFENDERS

– Anders briefs for meritless appeals

– – Appointed counsel may not use (Ind.), 384
– – Contents of brief detailed (Pa.), In Brief, 492

– Conflicts of interest

– – Entire office, conflicts not always imputed to (Idaho), 285
– – Post-conviction relief waivers, scope of plea agreements limited (Mo. Op.), 327; views of ethics committees from other states, 327

– Excessive caseloads

– – ABA approves guidelines for managing, 418
– – Failure to move to withdraw ineffective (Cal. Ct. App.), 163

– Indigent defendants, judges may not require representation (Mo.), 728
– Part-time contract lawyers using same county office not associated with each other in firm (Ind.), 171