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ERIN H. GERSTENZANG MARCH 11, 2016
MONTANA
EverydayLegal Ethics
FLORIDA ATTORNEY TAKES AVVO TO COURT TO REVEAL IDENTITY OF THE
AUTHOR OF A PHONY REVIEW
Tsamis accepted a $1,500 fee even though she knew full well that a law in Illinois would prevent me from obtaining unemployment benefits!!
Posted by Richard R. Apri. 10, 2013
I dislike it very much when my clients lose, but I cannot invent positive facts for clients when they are not there. I feel badly for him, but his own actions in beating up a female co-worker are what caused the consequences he is now so upset about.
BETTY TSAMIS
BETTY TSAMIS
I dislike it very much when my clients lose, but I cannot invent positive facts for clients when they are not there. I feel badly for him, but his own actions in beating up a female co-worker are what caused the consequences he is now so upset about.
BETTY TSAMIS
BETTY TSAMISThe public feels entitled to slander a lawyer and they don’t realize they’ve blown their privilege when they do.”
“HER ATTORNEYS ARGUED
A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent.
RULE 1.6 (A) CONFIDENTIALITY OF INFORMATION
MONTANA
RULE 1.6 (A) CONFIDENTIALITY OF INFORMATION
MONTANA
Privileged
RULE 1.6 (A) CONFIDENTIALITY OF INFORMATION
MONTANA
Privileged
Confidential
RULE 1.6 (A) CONFIDENTIALITY OF INFORMATION
MONTANA
Privileged
Confidential
Exceptions:
• Candor to the court
• Prevent bodily harm
• Court order
The amount due from a client to a lawyer for legal services typically involve to some degree ‘unprivileged client information’ that is confidential under Rule 1.05(a). In some cases, the fact that the lawyer was engaged by the client may be confidential. In many cases, the nature of the legal services resulting in the fee statement would be confidential. In most cases, the amount of the fee owing and the fact that the fee has not been paid would be confidential.
ETHICS OPINION 960828
MONTANA
It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation.
RULE 8.4(C) MISCONDUCT
MONTANA
HORACE HUNTER VIRGINIA 2013
DOES IT MATTER IF IT IS A PUBLIC RECORD?
To the extent that the information is aired in a public forum, privacy considerations must yield to First Amendment protections. In that respect, a lawyer is no more prohibited than any other citizen from reporting what transpired in the courtroom.”
“WHAT ABOUT THE FIRST AMENDMENT?
HUNTER V. VIRGINIA STATE BAR EX REL. THIRD DIST. COMM., 285 Va. 485, 744 S.E.2D 611, (2013)
In effect, the Virginia Supreme Court has created a public records or public knowledge exception to client confidentiality, which erodes the duty of loyalty lawyers owe current and former clients. Now lawyers can embarrass and humiliate former clients with impunity as long as they use confidential information that is in the public records.”
“LEGAL ETHICS EXPERT PETER A. JOY
RULE 1.6 (A) CONFIDENTIALITY OF INFORMATION
MONTANA
Privileged
Confidential
Exceptions:
• Candor to the court
• Prevent bodily harm
• Court order
RULE 1.6 (A) CONFIDENTIALITY OF INFORMATION
Privileged
Confidential
Public Record
Exception • Candor to the court
• Prevent bodily harm
• Court order
Exceptions:
SOCIAL MEDIA
34.%OF SOLO PRACTITIONERS REPORTED THEY WERE RETAINED BY NEW CLIENTS AS A RESULT OF SOCIAL MEDIA USE.
ABA 2014 TechReport
Charlotte
It is professional misconduct for a lawyer to state or imply an ability to influence improperly a government agency or official.
RULE 8.4(E) MISCONDUCT
MONTANA
A RECENT FACEBOOK POST
Another day of WINNING in Fulton County! Two DUIs dismissed today - .23 and .17!”
A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false of misleading if it contains a material misrepresentation of fact or law.
RULE 7.1 COMMUNICATIONS CONCERNING A LAWYER’S SERVICES
MONTANA
A misleading communication includes, but is not limited to those that:
(A) Omits a fact as a result of which necessary to make the statement considered as a whole net is materially misleading; and
(B) Is likely to create an unjustified expectation about results the lawyer can achieve.
RULE 7.1 COMMUNICATIONS CONCERNING A LAWYER’S SERVICES
MONTANA
Law enforcement, including prosecutors, have long engaged in the practice of using a ruse to obtain the truth … I think the public is better off for what I did.”
AARON BROCKLER FORMER CUYAHOGA
COUNTY, OHIO, PROSECUTOR
“
His subterfuge prejudiced the administration of justice because it had the potential to induce false testimony, and injected significant new issues into the case shortly before trial.”
AARON BROCKLER FORMER CUYAHOGA
COUNTY, OHIO, PROSECUTOR
“
One year stayed suspension.
His subterfuge prejudiced the administration of justice because it had the potential to induce false testimony, and injected significant new issues into the case shortly before trial.”
“
It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation.”
RULE 8.4(C) MISCONDUCT
MONTANA
BLOGGING
39.%OF ATTORNEYS REPORTED BEING RETAINED BY A CLIENT AS A RESULT OF BLOGGING
ABA 2015 TechReport
Huh? You want to go back and tell the judge that you lied to him, you lied to the pre-sentence investigator, you lied to me? And you expect what to happen if you do this? I'll tell you what would happen; the sentence just pronounced would be immediately vacated and you'd go to prison, that's what would happen.
KRISTINE ANN PESHEK “
60-DAY SUSPENSION
Does a lawyer who finds out information concerning guilt (i.e.perjury) of his client have a duty to disclose the information to the court?
ETHICS OPINION 870326
MONTANA
A lawyer shall not knowingly: … (2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client; … (4) offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures.
RULE 3.3 CANDOR TOWARD THE TRIBUNAL
MONTANA
This rule trumps the Rule 1.6 Confidentiality provisions. There is an affirmative obligation for the attorney to inform the court of known perjury.
ETHICS OPINION 870326
MONTANA
RULE 1.6 (A) CONFIDENTIALITY OF INFORMATION
MONTANA
Privileged
Confidential
Exceptions:
• Candor to the court
• Prevent bodily harm
• Court order
GHOST BLOGGING?
It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation.
RULE 8.4(C) MISCONDUCT
MONTANA
