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  1. Only showing results from lalegalethics.org

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  2. lalegalethics.org

    In July 2020, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 494 to assist lawyers in evaluating whether a personal relationship with opposing counsel creates a conflict of interest under Model Rule 1.7(a)(2). See ABA Formal Op. No. 494 (July 29, 2020). The opinion identifies and analyzes three categories of potential relationships between opposing ...
  3. lalegalethics.org

    Under Model Rule of Professional Conduct 1.9(c), a lawyer may not use information relating to the representation of a former client to the former client's disadvantage without informed consent, or except as otherwise permitted or required by the Rules of Professional Conduct, unless the information has become "generally known."
  4. lalegalethics.org

    On February 10, 2021, the American Bar Association released Formal Opinion 497 addressing conflicts involving representation of a current or prospective client with interests that are "materially adverse" to the interests of a former client on the same or substantially related matter. See ABA Formal Op. 497.ABA Model Rule of Professional Conduct 1.9(a) provides
  5. lalegalethics.org

    To address this problem, the ABA defined "conflict of interest" to include both direct-adversity conflicts and material-limitation conflicts. See id. Material-Limitation Conflicts. As to material-limitation conflicts, the 2002 revision to Model Rule 1.7 limited the scope of such conflicts to situations in which there is "a significant ...
  6. lalegalethics.org

    Comment [7] to Rule 1.5 explains that lawyers in different firms may divide a legal fee. This practice is often used when the fee is contingent and the division is between a referring lawyer and a trial lawyer.2 1. This opinion is based on the ABA Model Rules of Professional Conduct as amended by the ABA House of Delegates through February 2016.
  7. lalegalethics.org

    This was a substantive change in the Rule, but the ABA believed that Rule 1.10 provides clients with all the protection they need, given that the exception applies only when there is no significant risk that the personal-interest conflict will affect others in the lawyer's firm. See ABA Ethics 2000 Revision Notes to R. 1.10 (2002).
  8. lalegalethics.org

    This site contains (1) the full text of each of the current Louisiana Rules of Professional Conduct, (2) "background" information regarding the adoption of each rule by the Louisiana Supreme Court, (3) related ABA resources, including the comments to the corresponding ABA model rule, and (4) annotations discussing Louisiana case law and administrative decisions relevant to each rule.
  9. lalegalethics.org

    Model Rule 1.4(a)(2) requires a lawyer to "reasonably consult with the client about the means by which the client's objectives are to be accomplished." Model Rule 1.4(a)(3) obligates a lawyer to "keep a client reasonably informed about the status of a matter." Model Rule 1.4(a)(4), which obliges a lawyer to promptly comply with reasonable
  10. lalegalethics.org

    AMERICAN BAR ASSOCIATION ... departing lawyer in order to perform a conflict of interest analysis before the departing lawyer ... 1 This opinion is based on the ABA Model Rules of Professional Conduct as amended by the ABA House of Delegates through August 2019. The laws, court rules, regulations, rules of professional conduct, and opinions
  11. lalegalethics.org

    The ABA Standing Committee on Ethics and Professional Responsibility on April 21, 2016, issued a formal opinion addressing whether a lawyer may share a legal fee on a matter when the lawyer otherwise would have a disqualifying conflict of interest. See ABA Formal Op. 474 (Apr. 21, 2016) (Referral Fees and Conflict of Interest). The answer under the ABA Model Rules was not certain. Model Rule 1 ...
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