Past Issues of The Legal Professional
Should Social Networking Judges “Friend” Lawyers Appearing before Them?
Professional Responsibility Pointer #32
March 2010
Is it ethically proper for judges to include lawyers who appear before them as "friends" on a social networking website?
When Ethical Rules Require County Prosecutors to Hire Special Counsel
Professional Responsibility Pointer #31
February 2010
Bulletin on the legal ethics rules providing that there may be circumstances in which a
government lawyer may undertake a representation of multiple clients where a private lawyer may not.
Beware When Sending Text and Instant Messages to Clients
Professional Responsibility Pointer #30
January 2010
Though clients and their lawyers may desire to communicate at a blistering pace, lawyers must be
comfortable that they are not exposing themselves to risks such as errors and miscommunications from this technology.
Conducting Conflicts Information Analysis When a Lawyer Changes Firms
Professional Responsibility Pointer #29
December 2009
When a lawyer changes law firms, both the moving lawyer and the prospective new firm have a duty to discover and resolve conflicts of interest
How to Proactively Handle Conflicts of Interest with Client Affiliate Companies
Professional Responsibility Pointer #28
November 2009
When a lawyer or law firm undertakes representation of a corporation or other
entity, one of the initial questions that must be considered is whether that
entity's affiliates will be considered clients of the firm for the purposes of
handling conflicts of interest.
More on the Legal Ethics of
Social Networking: Investigating Opponents
Professional Responsibility Pointer #27
October 2009
Part 2 of discussion of the significant risks of building a profile on an
online networking site and communicating with other site users.
Thoughts on Risks of Social
Networking by Lawyers
Professional Responsibility Pointer #26
September 2009
Careful lawyers should consider the significant risks before building a profile
on an online networking site and communicating with other site users.
Restrictive Retirement
Agreements on Right to Practice Law Narrowly Permitted
Professional Responsibility Pointer #25
August 2009
Increasing importance of Ohio Rule of Professional Conduct 5.6(a), which
narrowly permits retirement agreements placing future restrictions on the right
to practice law.
Proper Use of the Designation
"General Counsel"
Professional Responsibility Pointer #24
July 2009
The term “General Counsel” does not appear in the Ohio Rules of Professional
Conduct. Yet, the term's ongoing use has been recently approved by the Board of
Commissioners on Grievances and Discipline of the Supreme Court of Ohio
Selecting an Expert Witness
When Lawyer Conduct Is at Issue
Professional Responsibility Pointer #23
June 2009
When lawyer conduct becomes a contested matter, trial counsel asserting or
defending the lawyer conduct claim, must decide whether an expert witness is
needed.
The Importance of Preventive
Consultations with Ethics Counsel
Professional Responsibility Pointer #22
May 2009
Lawyers seeking preventive advice do not violate the duty of confidentiality by
consulting with outside ethics counsel about their client’s matter.
Ohio Supreme Court Limits
Duties a Suspended Lawyer May Perform in a Law Office
Professional Responsibility Pointer #21
April 2009
Effective September 1, 2008, new restrictions were placed on the employment by
law firms of suspended or otherwise disqualified lawyers.
Knowing IOLTA Record
Requirements and Responding to Investigations of Overdrafts
Professional Responsibility Pointer #20
March 2009
All lawyers who maintain client funds must strive to enhance their knowledge of
IOLTA account requirements.
Crossing States Lines - Risks
and Rewards of Multijursidictional Practice
Professional Responsibility Pointer #19
February 2009
Multijurisdictional practice rule changes present economic opportunities for
lawyers, as well as serious risks.
Lawyer/Lobbyist-Client
Relationship: How to Handle Conflicts of Interest
Professional Responsibility Pointer #18
January 2009
Third in a series of articles on the subject of legal ethics for the
lawyer/lobbyist.
Lawyer/Lobbyist-Client
Relationship: Does Confidentiality Cover the Engagement?
Professional Responsibility Pointer #17
December 2008
Second in a series of articles on the subject of legal ethics for the
lawyer/lobbyist.
Lawyer/Lobbyist: When Exactly
Do Legal Ethics Rules Apply?
Professional Responsibility Pointer #16
November 2008
First in a series of articles on the subject of legal ethics for the
lawyer/lobbyist.
Professional Obligations When
Outsourcing Legal and Nonlegal Support Services
Professional Responsibility Pointer #15
October 2008
Ethical considerations when a law firm or legal department chooses to outsource
tasks.
Considerations for Defending
Grievances Alleging Professional Misconduct
Professional Responsibility Pointer #14
September 2008
Given the inevitability of grievances and the career-threatening angst they
bring about, it is helpful to periodically review what lawyers should do if
they receive a letter of inquiry from a bar grievance committee or the Office
of Disciplinary Counsel.
Conflicts of Interest of
Lawyers Serving on Boards of Directors
Professional Responsibility Pointer #13
August 2008
A lawyer serving on the board of directors of a corporation is burdened with
potential conflicts of interest.
Properly Establishing or
Modifying Your Law Firm's Web Site
Professional Responsibility Pointer #12
July 2008
Considerations in establishing a law firm web site to avoid creating unwanted
client-lawyer relationships and impermissible advertising or solicitation.
Limiting the Scope of
Representation on New Client Matter to Avoid “Former Client Conflict”
Professional Responsibility Pointer #11
June 2008
Discussion of the possibility of handling a matter adverse to a past client by
limiting the scope of representation
“Of Counsel” Must Have
On-Going Affiliation With Firm
Professional Responsibility Pointer #10
May 2008
Elements of a valid "of counsel" relationship with a law firm.
Ethical Considerations for
Lawyers' Protection Letters
Professional Responsibility Pointer #9
April 2008
Whether a lawyer has an ethical obligation to honor “protection letters” sent
by the lawyer to creditors of a client when the client instructs the lawyer not
to pay the creditor.
Constructing Written Conflict
of Interest Waivers For Multiple Representation In Litigation
Professional Responsibility Pointer #8
February 2008
Discussion of conflicts of interest when a lawyer takes on the representation
of multiple clients in the same litigation matter.
The Attorney-Client Privilege
in Bad Faith Insurance Litigation
Professional Responsibility Pointer #7
January 2008
Discussion of the extent of the attorney-client privilege in bad faith
insurance litigation cases.
Rectifying Client Fraud
Professional Responsibility Pointer #6
December 2007
Responding to situations in which a client has offered false evidence or is
engaged in ongoing illegal or fraudulent acts.
Managing Conflicts of Interest
by Government Lawyers
Professional Responsibility Pointer #5
November 2007
Discussion of Opinion 2007-4 of the Board of Commissioners on Grievances and
Discipline on determining whether a conflict of interest exists between or
among a city, city officials, or city entities and whether representation may
be provided to each by assistant city law directors employed in the law
director’s office.
Regulation of “Personalized”
Direct Mail to Business Clients
Professional Responsibility Pointer #4
October 2007
Discussion of Opinion 2007-5 of the Board of Commissioners on Grievances and
Discipline on whether a lawyer’s advertising of legal services through a
personalized letter constitutes direct mail solicitation subject to the
requirements of Rule 7.3(c).
Metadata Ethics
Professional Responsibility Pointer #3
September 2007
Discussion of ethical concerns arising from lawyers' use of documents
containing electronically embedded information, commonly referred to as
“metadata”.
Duty to Obtain Written
Conflict of Interest Waivers
Professional Responsibility Pointer #2
August 2007
Summary of Ohio Rule of Professional Conduct 1.7 requiring Ohio lawyers to
secure written confirmation of their clients’ waivers of conflicts of interest.
