SUBSCRIPTION

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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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
Firm Is Ousted as Counsel Against Nonclient Whose Secrets It Learned Via Related Case
March 25
Second Circuit Rules Out Class Action For Collusion Claim Involving Ex-Counsel
March 25
2d Circuit Affirms $271,000 Sanction Order Against Boies Schiller for Conflict of Interest
March 25
Fee-Sharing Agreement Isn't Enforceable Against Departed Lawyer's New Law Firm
March 25
Ex-Clients Can't Sue to Challenge Validity Of Charging Lien in Still-Pending Litigation
March 25
D.C. Circuit Rejects ‘Smoking Gun' Standard In Discovery Dispute Over Fact Work Product
March 25
Opposing Counsel Had No Duty to Alert Plaintiff to Overlooked Settlement Factor
March 25
Attorney for Trustee Does Not Owe Fiduciary Duty to Beneficiaries of Trust
March 25
Sentencing Exception to Innocence Rule Won't Help Where Sentence Is Within Range
March 25
Opinion Allows No-Refund Monthly Fee If Circumstances Render It Appropriate
March 25
Certain Features of LinkedIn Present Risks Of Ethics Infractions When Lawyers Use It
March 25
Dual Representation of Borrower and Lender Bad Idea in Commercial Real Estate Closings
March 25
Agency Probing Tip About Lawyer's Fraud May Be Authorized to Interview His Clients
March 25
Anti-SLAPP Law Can't Be Invoked To Get Rid of Disciplinary Charges
March 25
Four-Year Grudge Against Jury Foreman Results in Public Censure for N.Y. Lawyer
March 25
Failure to Mention Client's Death to Opponent Yields One-Year Suspension for N.Y. Attorney
March 25
Lawyer's ‘Unprecedented' Sexual Misconduct Draws Suspension Lasting at Least 2.5 Years
March 25
New York Suspends Lawyer Five Years, Matching Remainder of Federal Suspension
March 25
California and Oregon Task Forces Endorse Licensing of Nonlawyer ‘Legal Technicians'
March 25
High Court Lets Patent Attorney Off Hook; Issues Reminder About ‘In Plain Terms' Rule
March 25
Howrey, 47 Former Partners Settle Clawback Claims, Firm Settles Jewel Claims
March 25
Conflicts of Interest in Multiple Representation: Part I
March 25
Regulatory Boards' Antitrust Shield Dented; What Effect Might It Have on Bar Groups?
March 11
Lawyer Didn't Breach Duty by Misjudging How Court Would Rule on Unsettled Issue
March 11
New York Allows Qualified Privilege For Lawyers' Pre-Litigation Statements
March 11
Proof That Client Would Have Won Case Is Not Essential for Fiduciary Duty Claim
March 11
Mere ‘Insecurity' Doesn't Trigger Claim For Poor Drafting of Security Agreement
March 11
Lawyer Didn't Have Legal Duty to Warn Process Server About Danger of Assault
March 11
Law Firm's Disclosure of Debtor's SSN Didn't Violate Federal Debt Collection Act
March 11
Lawyer Can't Be Liable for Mishandling Trial If Client's Claim Was Not Valid to Begin With
March 11
Charging Lien Will Not Attach to Assets Distributed in Connecticut Divorce Cases
March 11
Indiana Lawyer Must Wait for Judgment Before Filing Attorneys' Lien for His Fees
March 11
Client's Objecting to Settlement Waived Privilege
March 11
Lawyer's Complaint Barred but Not Sanctionable
March 11
Lawyer Suing Firm Must Submit to Psychiatric Exam
March 11
Firms Can't Stifle Ex-Member's Competition Via Liquidated Damages or Other Restrictions
March 11
Rhode Island Law Office Can't Hire Suspended Lawyer as Legal Researcher
March 11
Ethical Safeguards Required When Law Firm Outsources H.R. Functions to Outside Agency
March 11
Joint Representation in SEC and DOJ Probes Did Not Contravene Conflict of Interest Rules
March 11
Lack of Remorse Exacerbated Misconduct In Lawyer's Financial Dealings With Client
March 11
Sanction Findings Imposed Without Hearing Aren't Preclusive In Disciplinary Proceeding
March 11
Lawyers Can't Use Civil Action to Assert Challenge to Bar Counsel's Charging Powers
March 11
ABA, City Bar Groups Urge Ninth Circuit To Say Goodbye to ‘Unfinished Business' Rule
March 11
Supreme Court Considers Whether Court May Award Attorneys' Fees to Defend Fees
March 11
Firms Like Arbitration for Malpractice Claims, But It's Not Without Downsides, Experts Say
March 11
Some Corporate Clients Are Going Too Far With ‘Guidelines' for Counsel, Speaker Says
March 11
Identifying Client in Corporate Matters Is Even Tougher When Entity ‘Transitions'
March 11
Although Many States Have Adopted MJP, Uncertainty Remains in Cross-Border Practice
March 11
Risk Management Speakers Examine What Roles Law Firm Counsel Should Have
March 11
Using Judicial Error as Malpractice Defense Helped Lawyer-Defendants in Notable Cases
March 11
Protecting Client Communications With Foreign Counsel From Discovery in U.S. Litigation
March 11
Squire Patton Boggs Is Ejected From Suit Due to Conflicts That Grew Out of Merger
February 25
Akin Gump Hit With $426K Judgment in Suit Accusing Firm of Betraying Current Client
February 25
Texas Law Firm Can't Be Sued in Nevada By Nevada Client Concerning Texas Matter
February 25
Denial of Discharge Due to Debtor's Conduct Prevents Her From Suing Bankruptcy Lawyer
February 25
Privilege Can't Be Claimed for E-Mails Exchanged With Nonlawyer Litigation Funder
February 25
Maybe Lawyer's Behavior Was ‘Offensive' But Not Enough to Affect Pro Hac Vice Status
February 25
Six-Figure Sanction for Discovery Delays Upheld Except Where Wrong Basis Was Used
February 25
Even if Out-of-State Attorney Made Mistakes Judge Erred in Contempt Finding, Sanctions
February 25
Contempt Fines Survive Lawyer's Objection That They Violate Imprisonment-for-Debt Law
February 25
Lawyer Who Served as Risk Manager May Use Company Info in Bias Lawsuit
February 25
Opinion Describes How to Withdraw Ethically When Judge Asks Attorney for Her Reasons
February 25
Lawyer May Ask That Full Contingent Fee Come From ‘First Proceeds' of Iffy Recovery
February 25
Several Ethics Rules Implicated When Firm ‘Loans' Attorneys to Organizational Clients
February 25
Okay From Counsel of Record Isn't Needed To Speak With Opponent's Other Lawyers
February 25
Lawyer Didn't Need to Ask Client's Daughter Before Helping Him Revoke Power of Attorney
February 25
Mudslinging in Judicial Candidate's Flyers Triggers Reproval From California Bar Court
February 25
Lawyer's ‘Small' Gifts of Cash to Inmates Were Unethical Despite His ‘Altruistic Intent'
February 25
Reciprocal Disability Status May Be Imposed Without Holding Separate Incapacity Hearing
February 25
Patent Attorney Cites Loyalty to Client In Opposing High Court Sanction Threat
February 25
Speakers Offer Advice on Softening Impact Of Adverse Publicity From Lawyer Misconduct
February 25
Adapt to Changes in Meeting Legal Needs Or Risk Being Left Behind, NOBC Panel Says
February 25
The Ethics and Financial Impact of Dropping a Client for Nonpayment of Legal Fees
February 25
MEETINGS AND CONFERENCES
February 25
ARTICLES OF INTEREST
February 25