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

PATENTS

PENNSYLVANIA

– Advertising and solicitation

– – Celebrity photos on lawyer's Web site banned as implied endorsements (Philadelphia Bar Ass'n Op.), 110
– – Preferred listing acceptable if clients told how lawyers get on list (Philadelphia Bar Ass'n Op.), 35

– Conflicts of interest

– – Lawyer representing both corporation and owner may get fee for referring owner claim against company (Philadelphia Bar Ass'n Op.), 216
– – Lender counsel may rebate portion of referral fee paid by title insurer (Philadelphia Bar Ass'n Op.), 350

– E-mails between opponent and her counsel, lawyer's duty upon learning client has obtained (Philadelphia Bar Ass'n Op.), 165
– Executor fiduciary duty bars receipt of referral fee from counsel for estate (Philadelphia Bar Ass'n Op.), 287
– Fired in-house counsel may not use privileged materials taken without consent in suit against former employer (W.D. Pa.), 429
– Ineffective assistance, no presumption of prejudice from counsel inaction (Pa.), In Brief, 142
– Metadata embedded in electronic documents, lawyers must make individual decision whether to use (Pa. Op.), 59
– Settlement fund disbursement, state consumer protection act does not apply to lawyer misconduct (Pa.), 6

PERJURY

– False statements to FBI, former White House adviser Libby disbarred (D.C.), In Brief, 172

PERSONAL INJURY

– Boilerplate contingent fee contract with lopsided discharge terms, lawyer admonished re use (Mass.), 219
– Conflicts of interest, lawyer may not loan client money to pay for medical expenses (Md. Op.), 84
– Frivolous appeal, independent prosecutor to investigate personal injury lawyers in “Erin Brockovich” case (9th Cir.), 327
– Settlement proceeds, client assignment to medical provider binding on lawyer who signed off on it (Wyo.), 347
– Voluntary withdrawal from representation, good cause standard required (Utah), In Brief, 410

PRIVATE FIRMS

See LAW FIRMS

PRIVILEGED COMMUNICATIONS

See ATTORNEY-CLIENT PRIVILEGE; WORK PRODUCT

PRO HAC VICE ADMISSION

See ADMISSION TO THE BAR

PRO SE REPRESENTATION

– Defense lawyer may speak to pro se plaintiff being helped by unofficial counsel (Cal. Ct. App.), 432
– Ghostwriting lawyer need not reveal self if providing only limited help (N.J. Op.), 85; (Utah Op.), 265
– Lawyer-witness rule does not apply to pro se attorneys (Ohio Ct. App.), 31

PROCEDURE

– Abstention, federal court to hear constitutional challenge to Fla. advertising rules (M.D. Fla.), 139
– Arbitration

See ARBITRATION

– Rule 11 sanctions

See RULE 11 SANCTIONS

– Third party may not move to vacate reinstatement (Md.), In Brief, 198

PROSECUTORS

– Conflicts of interest, media accounts of pending cases, prosecutors reinstated (Cal.), 259
– Defendant threat to have prosecutor killed not disqualifying conflict (N.M.), 80
– Disqualification required where prosecutor previously defended accused on similar charge (Mo.), 190
– Duke lacrosse case, misconduct, conferees discuss, 305
– Failure to meet continuing legal education requirements, prejudice to defendant (Minn. Ct. App.), In Brief, 411
– Former client, prosecutor handling of case, 2-part test set (Tex. Crim. App.), 348
– Hiding evidence, reciprocal discipline imposed on N.Y. district attorney (D.C.), 112
– Material witness detainees, no absolute immunity for delaying release (3d Cir.), 434
– Secretly videotaping prosecutor engaging in sexual relations with defendant, convicted defense lawyer suspended (Ky.), 196
– Sharing informer data, no absolute immunity for supervisory prosecutor over failure to train other lawyers (U.S., rev grant), In Brief, 215
– Third-party discovery dispute, active role did not require disqualification (Cal.), 260

PUBLIC DEFENDERS

– Diversification of services, effect on ethics standards, conferees discuss, 304
– Indigent defense, overturning wrongful convictions, conferees discuss, 95
– Ineffective assistance of counsel

– – Judges, pact with defender's office voids conviction (Ga.), In Brief, 142
– – Trial counsel, no threshold showing required to obtain new counsel to make claim against (Ga.), 141

– Malpractice claims, Mo. public defenders cannot claim official immunity (Mo. Ct. App.), 26

PUBLIC INTEREST

– Advertising, public interest group files challenge to Fla. rules (M.D. Fla.), 65; federal court abstention rejected, 139
– Attorneys' fees, pretrial mooting of case after injunction may justify statutory award to prevailing public interest parties (3d, 5th, 10th Cirs.), 159
– Callers to legal hotline run by nonprofit group granted protection as clients (N.J. Op.), 59

PUERTO RICO

– Attorneys' fees, unequal defense efforts support time expended apportionment in civil rights case (1st Cir.), 234