jcorsmeier

[jcorsmeier]

ABA Formal Opinion 516 addresses “material adverse effects” which prevent permissive withdrawal under Model Rule 1.16(b)(1)

Hello everyone and welcome to this Ethics Alert, which will discuss recent ABA Formal Opinion 516, which addresses the “material adverse effects” which prevent permissive withdrawal under Model Rule 1.16(b)(1).  Formal Opinion 516 is here: Click to access aba-formal-opinion-516.pdf According to the ABA opinion summary: ABA Model Rule of Professional Conduct 1.16(b)(1) permits a lawyer to…

[jcorsmeier]

Washington Supreme Court authorizes pilot program allowing nonlawyers to provide legal services

Hello everyone and welcome to this Ethics Alert, which will discuss recent Washington Supreme Court authorization of a pilot program which will allow nonlawyers and nonlawyer entities to provide legal services.  The December 5, 2024 Supreme Court Order is here:  https://www.courts.wa.gov/content/publicUpload/Supreme%20Court%20Orders/Order%2025700-B-721.pdf      According to the Order, the pilot…

[jcorsmeier]

Florida Supreme Court amends Florida Registered Paralegal Rule creating option to become FRP with work experience attestation from employing/supervising lawyer

Hello everyone and welcome to this Ethics Alert, which will discuss Florida Supreme Court Rule 20-3.1 amendment which creates a work experience option to become a Florida Registered Paralegal (FRP) with “an attestation of paralegal work experience from an employing or supervising attorney.”  The amendments were approved by the Court in May 2024 in In Re: Amendments to Rules Regulating The Florida…

[jcorsmeier]

Florida Supreme Court opinion declines to remove the word “zealous” and its variations from Florida Bar Rules

Hello everyone and welcome to this Ethics Alert update, which will discuss recent Florida Supreme Court opinion which rejected a Bar proposal to remove “Z words” – “zeal,” “zealous,” and “zealously,” from the Rules Regulating The Florida Bar.  The opinion, In Re: Amendments to Rules Regulating The Florida Bar, SC2024-0032, was published on August 29, 2024, and is here:  SC2024-0032 Opinion…

[jcorsmeier]

Texas Supreme Court approves new program permitting licensed paraprofessionals to provide legal services in certain areas of the law

Hello everyone and welcome to this Ethics Alert, which will discuss recent Texas Supreme Court opinion that permits licensed non-lawyer paraprofessionals to provide limited legal services to low-income individuals in certain areas of the law.  The opinion was published on August 6, 2024, and is here:  https://www.txcourts.gov/media/1458990/249050.pdf.    The new rules will allow licensed…

[jcorsmeier]

ABA Formal Opinion 512 provides guidance regarding a lawyer’s use of generative artificial intelligence tools (GAI)

Hello everyone and welcome to this Ethics Alert, which will discuss recent ABA Formal Opinion 512, which provides information and guidance regarding lawyers’ use of generative artificial intelligence (GAI).  The opinion was published on July 29, 2024 and is here:  aba-formal-opinion-512.pdf (americanbar.org). The opinion reviews and discusses the lawyer’s ethical implications and obligations…

[jcorsmeier]

ABA Formal Opinion 512 provides guidance regarding a lawyer’s use of generative artificial intelligence tools (GAI)

Hello everyone and welcome to this Ethics Alert, which will discuss recent ABA Formal Opinion 512, which provides information and guidance regarding lawyers use of generative artificial intelligence (GAI).  The opinion was published on July 29, 2024 and is here:  aba-formal-opinion-512.pdf (americanbar.org). The opinion reviews and discusses the lawyer’s ethical implications and obligations…

[jcorsmeier]

ABA Formal Opinion 511 provides guidance regarding providing information about client matters on a listserv

Hello everyone and welcome to this Ethics Alert which will discuss recent ABA Formal Opinion 511, which discusses and provides information and guidance regarding lawyers providing client information on a listserv.  ABA Formal Opinion 511 is here:  Formal Opinion 511 (americanbar.org) According to the lengthy ABA opinion: (ABA Model) Rule 1.6, Confidentiality, prohibits a lawyer from posting…

[jcorsmeier]

Massachusetts lawyer reprimanded after accidentally copying opposing counsel email to lawyer with plan to avoid judge's call

Hello everyone and welcome to this Ethics Alert which will discuss the recent Massachusetts Board of Overseers Order imposing a reprimand on a lawyer who sent an email to another lawyer to evade a judge’s and accidentally copied opposing counsel.  The case is Massachusetts Bar Counsel v. Cosentino, Public Reprimand No. 2024-1.  The Board Report and Order are here:…

[jcorsmeier]

Massachusetts lawyer reprimanded after accidentally copying opposing counsel email to lawyer with plan to avoid judge's call

Hello everyone and welcome to this Ethics Alert which will discuss the recent Massachusetts Board of Overseers Order imposing a reprimand on a lawyer who sent an email to another lawyer to evade a judge’s and accidentally copied opposing counsel.  The case is Massachusetts Bar Counsel v. Cosentino, Public Reprimand No. 2024-1.  The Board Report and Order are here:…

[jcorsmeier]

Georgia Supreme Court disbars lawyer who missed statutory filing deadline and created a false email and text to cover it up

Hello everyone and welcome to this Ethics Alert which will discuss the recent Georgia Supreme Court opinion disbarring a lawyer who missed statutory filing deadline and falsified email to cover it up.  The case is In the Matter of Andrea Jo Anne David-Vega,  Case No: S24Y0099 and the opinion is here: https://www.gasupreme.us/wp-content/uploads/2024/03/s24y0099.pdf    According to the opinion,…

[jcorsmeier]

Florida Middle District Federal Judge suspends Florida lawyer for filing false cases created by artificial intelligence

Hello everyone and welcome to this Ethics Alert which will discuss the recent Florida Middle District Senior Judge’s Opinion and Order suspending a Florida lawyer from practicing before that court for one (1) year for filing false cases created by artificial intelligence.  The case is In Re: Thomas Grant Neusom, Case No: 2:24-mc-2-JES and the March 8, 2024 Opinion and Order is here:…

[jcorsmeier]

Florida Middle District Federal Judge suspends Florida lawyer for filing false cases created by artificial intelligence

Hello everyone and welcome to this Ethics Alert which will discuss the recent Florida Middle District Senior Judge’s Opinion and Order suspending a Florida lawyer from practicing before that court for one (1) year for filing false cases created by artificial intelligence.  The case is In Re: Thomas Grant Neusom, Case No: 2:24-mc-2-JES and the March 8, 2024 Opinion and Order is here:…

[jcorsmeier]

The Florida Bar offers Florida lawyers free IOTA trust accounting software through NOTA software

Hello everyone and welcome to this Ethics Alert which will discuss the Florida Bar’s offer of free IOTA trust accounting software through NOTA.  The link to the Bar’s website with information and access to the NOTA software is here: www.trustnota.com/TheFloridaBar      As Florida lawyers who maintain IOTA trust accounts well know, the complexities and redundancies of the Bar trust account rules…

[jcorsmeier]

Florida Bar files Petition with Florida Supreme Court with rule revisions removing the word “zealous” and its derivatives from Florida Bar Rules

Hello everyone and welcome to this Ethics Alert which will discuss the recent (January 5, 2024) filing of a Petition with the Florida Supreme Court by The Florida Bar with proposed rule revisions removing the word “zealous” and its derivatives from the Florida Bar Rules.  The Petition is attached and the link to the Florida Bar Petition and Appendices is here:…

[jcorsmeier]

Florida Third District Court of Appeal invalidates arbitration provision and fee agreement because of a violation of the Florida Bar Rules

Hello everyone and welcome to this Ethics Alert which will discuss the recent Florida Third District Court of Appeal opinion which invalidated the arbitration provision in a fee agreement (and the fee agreement itself) because of a violation of Florida Bar Rule 4-1.5(i).  The case is Labelle v. Berenson LLP, 2023 Fla. App. LEXIS 8693 (December 26, 2023). In this case, the plaintiff/client…

[jcorsmeier]

Florida Bar’s Board of Governors withdraws proposed Advisory Opinion 23-1 which would have permitted Florida lawyers to passively invest in non-lawyer owned alternative business structures

Hello everyone and welcome to this Ethics Alert which will discuss the Florida Bar Board of Governor’s (BOG) recent withdrawal of proposed Advisory Opinion 23-1 which would have allowed Florida lawyers to passively invest in out of state alternative lawyer business structures that permit non-lawyer ownership. As background, the Florida Bar Rules prohibit alternative business structures with…