The intersection of ethics and criminal or civil liability 
By:
Thomas Spahn
Published: March 13, 2012
Tags: ethics, legal ethics, risk management
It comes as no surprise that we as lawyers must avoid violating our profession’s unique ethics rules. Of course, we must also comply with the normal criminal and civil obligations that govern every citizen’s conduct. It can be difficult to analyze the intersection between these two sets of principles.
Professionalism and ethics
By:
Thomas Spahn
Published: January 20, 2012
Tags: legal ethics, professionalism
Most lawyers use the words “professional” and “ethical” as synonyms for some vaguely defined “good” lawyer behavior. However, the concepts are really quite different, and lawyers hoping to act “professionally” sometimes must examine the ethics rules for permission to do so.
Representing unpopular clients: What are the ethics?
By:
Thomas Spahn
Published: September 12, 2011
Tags: attorney-client relationship, legal ethics
Few lawyers actually know the ethical rules when it comes to clients who are unpopular or with whom the lawyer has deep disagreements.
Is it ethical to withhold a file from a client who won’t pay?
By:
Thomas Spahn
Published: July 19, 2011
Tags: client, failure to pay
Most lawyers have faced this scenario: a client refuses to pay your last bill, but insists that you send her your file on the case. Not surprisingly, many lawyers’ immediate reaction is to refuse to turn over the file until the client pays. But is that ethical?
Duty of confidentiality applies at unexpected times
By:
Thomas Spahn
Published: February 9, 2011
Tags: American Bar Association, duty of confidentiality, ethics, practice management
Every lawyer realizes the strength and breadth of our profession’s duty of confidentiality. Most lawyers know that the duty lasts forever. Many of us include threatening disclaimers whenever we send an e-mail, warning accidental recipients that they must not share the e-mail with anyone else.
Threading the needle: The duty to disclose bad facts to a tribunal
By:
Thomas Spahn
Published: December 27, 2010
Tags: ABA, ABA Model Rules, American Bar Association, ethics
All ethics rules involve balancing lawyers’ duties to their clients and their duties to others. Litigation ethics rules involve an additional balance. Those rules reflect two competing views of the courtroom – a place where justice is done, and a place where competing adversaries try to win. The tension inherent in these competing views appears in the evolving ethics rules governing litigants’ duty to advise a tribunal of bad facts.
How intrusive is electronic lawyer marketing?
By:
Thomas Spahn
Published: October 1, 2010
Tags: electronic marketing, ethics, legal advertising, legal marketing, social media
In the years since the U.S. Supreme Court granted limited constitutional protection to lawyer marketing, states have varied their restrictions depending on how intrusive that marketing is. Of course, the complexities of electronic communication tend to make these differentiations difficult.
Lawyers must not usurp clients’ role in settlements
By:
Thomas Spahn
Published: July 9, 2010
Tags: ethics, settlements
Even when dealing with only a single client, lawyers must remember that the client has ultimate power over any settlement, advises Lawyers USA columnist Thomas Spahn.
Ethical issues with law firm names
By:
Thomas Spahn
Published: March 29, 2010
Tags: ethics, practice management
Lawyers USA Columnist Thomas Spahn explores the ethical issues surrounding the naming of law firms. A recent South Carolina case highlights the occasionally thorny issue of what names can be used in a firm name.
The rule governing positional adversity
By:
Thomas Spahn
Published: February 1, 2010
Tags: ethics, positional adversity
Lawyers USA Columnist Thomas Spahn discusses how taking inconsistent positions for different clients can implicate ethics rules.
NEW FREE WHITE PAPER: E-Discovery
This FREE e-report brought to you by Lawyers USA contains the latest tips for conducting thorough and successful electronic discovery for your trial in 2012. We’ve analyzed the latest court rulings and trends in e-discovery to help you and your clients avoid sanctions and win your case.
Click here to get your free White Paper today!
