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ABA/BNA Lawyers Manual on Professional Conduct

The ABA/BNA Lawyers’ Manual on Professional Conduct™ is a trusted, authoritative source for news and guidance on virtually every aspect of attorney conduct and legal ethics.  Understand cases and decisions that directly impact your work, and avoid damaging conflicts and sanctions.

 

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OVERVIEW

CURRENT REPORTS

Detailed news and analysis of judicial and regulatory developments relating to legal ethics and professional practice.


REFERENCE

Practice Guides include an overview of dozens of ethical and professional topics, detailed background information and analysis of the law, and descriptions of how courts and ethics committees have applied the law in particular fact situations. 


BNA INSIGHTS

Expertly authored by practitioners offering real world guidance on the legal ethics issues that are shaping the practice of law.

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FEATURES

Includes links to state websites for full text of state ethics rules and opinions. As well as multi-year archives of Current Reports and ethics opinions online.


KEY LAWS & REGULATIONS

Key Laws & Regulations covering state ethics rules and federal laws and regulations affecting attorney conduct (including Federal Rule of Civil Procedure 11, Sarbanes-Oxley Act, and federal agency rules).


TOPICS COVERED

  • Advertising and solicitation
  • Client funds and property
  • Confidentiality
  • Conflicts of interest
  • Fees
  • Lawyer-client relationship
  • Malpractice
  • Misconduct and discipline
  • Multijurisdictional practice
  • Obligations to third parties
  • Sanctions
  • Social Media
  • Trial conduct
  • Types of practice

SPECIFICATIONS

Product Structure

Reference: analysis, guidance, and primary source material. 
Notification: current reports providing news and developments. 

Formats and Frequency

Continually published online, with email highlights.
Web version offers full text of every ABA ethics opinion issued from 1986 onward, digests of state and local ethics opinions from 1986 to the present, and links to state websites for full text of state ethics rules and opinions.


RECENT HEADLINES

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Advance Conflict Waiver Won't Let Kirkland Advise Clients' Competitor in Takeover Fight
June 17
Rhode Island Vacates Ghostwriting Sanctions But Says Lawyers Must Now Sign Pleadings
June 17
Alleged Conflict From Bill Padding Scheme Isn't Error Unless Client Adversely Affected
June 17
Privilege Isn't Lost by Seeking to Disqualify Counsel for Using Mistakenly Produced Docs
June 17
Bankrupt Law Firm Howrey Gets Nothing From Firms That Scooped Up Its Partners
June 17
Bankruptcy Lawyers Can't Be Compensated For Time Spent Defending Their Fee Request
June 17
N.Y. Ruling on DREAMer's Bar Admission Called ‘Road Map' for Applicants Elsewhere
June 17
Judgmental Immunity Defense Wasn't Lost By Lack of Research on Familiar Legal Issue
June 17
Lawyer Couldn't Foresee His Advice Would Result in Client's Prosecution
June 17
Insurer Is Not Intended Beneficiary Of Defense Counsel's Services to Insured
June 17
Party Suing Lawyers Who Mediated Dispute Should Have Joined Them in Earlier Action
June 17
Attorney's Sticky Fingers Ultimately Worse Than Weed-Selling Client's ‘Unclean Hands'
June 17
Duty of Candor Isn't Tied to Admissions Client Made Under Immunity in Proffer
June 17
Justices Will Review Seizure of Assets to Pay Lawyers
June 17
Charging Lien Can't Include Enforcement Costs
June 17
Client Secrets Must Stay in Vault Forever, Even if They Have Gone Viral on the Internet
June 17
Lawyer Doesn't Always Have to Safeguard Property That Client Drops Off Unsolicited
June 17
Draft Opinion Allows Lawyer to Take Full Fee When Filing No-Asset Bankruptcy Petition
June 17
Deep Record of Crooked Dealings Brings Harshest Sanction for Ohio Lawyer
June 17
LegalZoom Lodges Antitrust Suit Against North Carolina State Bar
June 17
Buying Gas for ‘Rolls Royce' Justice System: Third-Party Litigation Finance on the Rise
June 17
Correction
June 17
Lawyer's Prior Service as School's Director Doesn't Preclude His Suing It Years Later
June 3
Prior Role as Co-Counsel for Parent Church Prevents Cross-Examination of Church Official
June 3
Associate's Warnings During Consultation Insulated Firm From Disqualification Request
June 3
Law Attorneys Often Use to Fight Lawsuits Is Declared Unconstitutional in Washington
June 3
Facebook's Malicious Prosecution Lawsuit Survives Big Law Firms' Motions to Dismiss
June 3
Lack of Attorney Instruction, Supervision Sinks Debt Manager's Claimed Exemption
June 3
Lawyer's Perjury Constituted Fraud on Court, Warrants Fee Forfeiture Despite Time Lapse
June 3
Consultants' Reports to Government Entity Can Be Protected by Work Product Doctrine
June 3
Copyright Act Allows Fee-Shifting in Royalties Deal
June 3
Mentally Impaired Client Must Be Consulted Preceding Disclosures or Protective Action
June 3
Lawyer Can't Offer Tablet Computer In Letter Soliciting Prospective Clients
June 3
Opinion Details When Lawyer May Draft Pleadings for Unrepresented Opponent
June 3
ABA: Judge May Write Letters Encouraging Attorneys to Perform More Pro Bono Work
June 3
Dishonesty in Personal Business Affairs Triggers Disbarment for Oregon Lawyer
June 3
Prosecutor Asks for Leniency but Gets Longer Suspension in Reciprocal Discipline
June 3
Long-Running Affair With Married Client Brings Three-Year Suspension for S.C. Lawyer
June 3
Virginia Adopts Notification Protocol For Lawyers Leaving Firms, Dissolving Firms
June 3
Ethics Conference Speakers Warn Lawyers: Technological Ignorance Has Consequences
June 3
Performing a Law Firm Ethics Audit: Practical Tips From Those Who Do It
June 3
Speakers Clash on Whether Rules Forbid Or Should Forbid Secrecy in Settlements
June 3
Panel on Legal Industry Disrupters Spotlights Venture-Backed Firms With Varied Ambitions
June 3
Speakers Hash Over Common Problems That Haunt Lawyers in Joint Representation
June 3
ABA May Add Ethics Rule Prohibiting Bias Against Certain Groups, Speakers Say
June 3
Oregon Case Illustrates Complexity Of Taming Aggregate Settlement Bronco
June 3
Supreme Court's Judicial Discipline Ruling Sparks Debate on First Amendment's Role
June 3
History Helps Explain How Lawyers Can Be Pressured to Act Irresponsibly
June 3
Charging Lien Covers Pre-Suit Legal Work But Won't Secure Fees for Case Origination
May 20
When Client Relocates to Another State, Attorney Gets More Time to Sue for Fees
May 20
Government's Failure to Convince Judge On Forfeiture May Allow Firm to Keep Fees
May 20
Ousted Attorney Isn't Entitled to Bonus Where Firm Hadn't Received Contingent Fees
May 20
Client Sophistication Won't Shield Proskauer From $140M Fraud Lawsuit Over Tax Advice
May 20
Lawyer Didn't Assume ‘Good Samaritan' Duty When He Undertook Legislative Reform Drive
May 20
Expert Testimony Was Needed to Establish Lawyer's Negligence in Complex Loan Deal
May 20
Firms' Use of Attorney General Letterhead To Collect Debts for State May Violate FDCPA
May 20
Court Tosses Order That Barred Firm's Ads Seeking Injury Clients Against Nursing Home
May 20
Lawyer Doesn't Have Standing to Challenge CFPB Action Against Paralegal Contractor
May 20
Local Pro Hac Vice Rule Can't Trump State Rule
May 20
Lawyers May Use Social Media to Seek Out New Clients, Reply to Requests for Counsel
May 20
Lawyers May Need to Encrypt E-Mail In Especially Risky or Sensitive Scenarios
May 20
New Yorker's Virtual Law Practice in Virginia Must Conform to Old Dominion's Ethics Rules
May 20
Lawyer Gets Three-Month Suspension For Spilling Prospective Client's Secrets
May 20
Ethics Rules on Candor, Falsified Evidence Apply Only When Lawyers Act as Advocates
May 20
Louisiana's High Court Permanently Disbars Former U.S. Congressman William Jefferson
May 20
Lawyer's Pointed Attack on Complainant Was Aggravating Factor in Sanction Choice
May 20
Consumer Groups Urge States to Break Up ‘Cozy' Boards After Supreme Court Decision
May 20
Preserving Privilege During Internal Probes Becomes Trickier After ‘KBR,' Other Rulings
May 20
California Bar Changes Sanctions Standards To Define and Explicate Levels of Discipline
May 20
Bill to Increase Penalties for Frivolous Suits Approved by Committee, Likely to Pass House
May 20
MEETINGS AND CONFERENCES
May 20
ARTICLES OF INTEREST
May 20
Avoiding Role in Case Against Current Client Enables Firm to Handle Related Patent Suits
May 6
Advance Waiver Found Too Broad, Too Stale To Overcome Conflict Under California's Rules
May 6
Lawyer Didn't Have to Tell Firm's Clients Suspicions About Owner's Business Practices
May 6
Lawyers Needed Expert to Support Defense That Judicial Error Caused Losses
May 6
Lawyer's ‘Unconscionable' Fee Agreement Warrants Total Forfeiture of Compensation
May 6
Missing Privity Doesn't Kill Children's Suit Alleging Drafting Error by Father's Attorney
May 6
Firm's Insurer Dodges $1.75 Million Claim Based on Malpractice Preceding Coverage
May 6
Federal Law Indicates Company's Dissolution Eliminates Corporate Attorney-Client Privilege
May 6
Split Decision in Ohio Turns Away Speedy Appeal of Adverse Privilege Ruling
May 6
Attorney Disqualified for Flouting Rule 4.4 By Using Opponent's Privileged Documents
May 6
Supreme Court Upholds CJC Canon Banning Personal Fundraising by Judicial Candidates
May 6
DOJ Lawyers Cleared of ‘Fraud on Court'; Brady Obligations Don't Apply in Civil Suits
May 6
Litigation Privilege Trumps Settlement Term Prohibiting Disparagement of Settling Party
May 6
Retainer Relieved Firm of Due Diligence Duty
May 6
Attorney Isn't Liable for Client's E-Mail Snooping
May 6
Privilege Concerns Don't Justify Immediate Appeal
May 6
Lawyers Can Offer $50 Credit on Legal Bills To Clients Who Agree to Submit Avvo Rating
May 6
Smartphone App That Names Injury Attorneys Is Advertising, Not Forbidden Referral Deal
May 6
N.Y. Bar Panel Rejects Per Se Prohibition On Advising Clients to Execute IAC Waivers
May 6
Lawyers Who Fall for Trust Account Scam Risk Discipline Under Several Ethics Rules
May 6
Lawyer's Remarks to Media About Judge Didn't Break Rule Against Discrediting Court
May 6
Lawyer Spurned by Daughter's Roommate Gets Disbarred for ‘Campaign of Revenge'
May 6
Premature Fee Payment Flouted Rule 1.15 Even Though Complaint Didn't Charge That
May 6
State Bar Is Immune From Lawyer's ADA Suit
May 6
Defining Unauthorized Practice Can Create As Many Difficulties as Trying to Locate It
May 6
Fighting UPL by Notarios Requires Good Community Contacts, Panelists Say
May 6
Improving Access to Legal Help Is Flip Side Of Policing Unauthorized Practice of Law
May 6
Federal Judge Decides Not to Disqualify Firm Despite Conflict Created by Law Firm Merger
April 22
‘Appearance of Impropriety' Is Discarded As Standard for Disqualification in Kentucky
April 22
Billing Records Are Confidential Even if They Contain No Legal Advice
April 22
Ethically Improper Fee-Splitting Agreement Is Not Enforceable; Nonlawyer Gets Nothing
April 22
Attorneys' $25 Million Contingent Fee Reinstated Based on Deference to Arbitrator
April 22
5th Circuit Adopts New Standard for Deciding Reasonableness of Bankruptcy Lawyers' Fees
April 22
Law Firm Didn't Aid Fraudulent Transfers By Helping Create ‘Asset Protection Trust'
April 22
Lawyer's Lie on Insurance Application Eviscerates Coverage for Innocent Partner
April 22
Client Conduct Relevant to Causation Issue Irrespective of Contributory Fault Defense
April 22
Anti-SLAPP Law Will Not Protect Lawyer From Former Client's Claims of Malfeasance
April 22
Foreclosure Complaint May Serve As Basis for Claims Under FDCPA
April 22
‘Actual Innocence' Rule Bars Malpractice Suit For Error That Led to Longer Prison Sentence
April 22
Trial Court Can't Order Lawyer to Attend CLE Classes
April 22
Dual Role as Lawyer and Real Estate Agent Is Mostly Permitted With Certain Precautions
April 22
D.C. Court Gives Disciplinary Warning To Prosecutors Tempted to Hide Evidence
April 22
Prematurely Discharged Lawyer May Retain Advance Fees Earned Prior to Termination
April 22
Reprimand Is Usual Sanction When Lawyer Should've Known He Was Mishandling Funds
April 22
Expert Cannot Opine on Nexus Between Criminal Act and Lawyer's Fitness to Practice
April 22
Lawyer Facing Discipline May See Ex-Firm's Records
April 22
Massachusetts Adopts Most ABA Updates, While Keeping Some of Its Own Unique Rules
April 22
Conflicts of Interest in Multiple Representation: Part III—Specific Practice Areas
April 22
Timing Is Everything in Law Firms' Claims for Liability Insurance Coverage
April 22
Contractual Indemnification Risk: Are Client Indemnity Agreements in the Driver's Seat?
April 22
Experts Offer Advice on Bolstering Privilege When Insurance Coverage Is in Dispute
April 22
Trust and Estate Claims: Complexity, Conflicts, and Lots and Lots of Cash
April 22
A Lawyer's Worst Nightmare: The High Stakes Claim Against Counsel
April 22
A Primer on Cyber Damages and How to Avoid Them
April 22
Preeminent Insurance Professionals Offer View of Claims Against Lawyers
April 22
Justice and the Rule of Law in the Ongoing War
April 22
Physical Law Office Is Needed to Satisfy New York's In-State Office Requirement
April 8
Corporate Counsel Had No Duty to Report Owner/Manager's Possible Fraud to SEC
April 8
Mediation Confidentiality Law Blocks Suit Based on ‘Inferences' About Lawyer's Advice
April 8
Lawyer's Joint Defense Pact With Client Doesn't Bar Client's Malpractice Lawsuit
April 8
Lodestar and Rule 1.5(a) Determine Award When Lawyer Is Fired in Contingent Fee Case
April 8
Public Defender's Office Isn't Disqualified For Prior Representation of State Witnesses
April 8
Lawyer's ‘Frivolous' Filing Forfeits Claims; 7th Cir. Refers Case to Disciplinary Comm'n
April 8
Iowa Panel Rejects ABA's Views on Returning Adverse Party's Confidential Communications
April 8
Withdrawing Outdated Guidance, Iowa Adopts ABA's View on Advising Clients on E-Mail Risk
April 8
Contacting Adverse Entity's In-House Counsel May Require Consent of its Outside Counsel
April 8
Virginia Bar Finalizes Opinion On Plea Bargains for Deportable Crimes
April 8
Lawyer Who Filed Suit as Favor to Friend Assumed Responsibility for the Litigation
April 8
‘Sexting' With Client's Pro Se Opponent Was Harmful to Justice, Warrants Disbarment
April 8
New Washington Rule Allows Legal Techs To Become Minority Owners in Law Firms
April 8
Big Law Firms Are Viewed As Treasure Trove for Hackers, Experts Say
April 8
Updated Comments to N.Y. Rules Feature Extra Guidance on Key Confidentiality Issues
April 8
Study Asks: Should SEC Reward Whistle-Blowers Who Are Attorneys?
April 8
Conflicts of Interest in Multiple Representation: Part II
April 8
MEETINGS AND CONFERENCES
April 8
ARTICLES OF INTEREST
April 8