Notice No. M-261-18, Proposed Amendment to D.C. App. R. 46 Relating to Admission Of
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Appendix A MJP Commission I Recommendations Recommendation 1: The Commission endorses the ABA recommendation to continue to affirm its support for the principle of state judicial licensing and regulation of lawyers. Recommendation 2: The Commission does not endorse the amendment of Rule 5.5(b) of the Model Rules of Professional Conduct (Unauthorized Practice of Law) proposed by the ABA. Recommendation 3: The Commission modifies the ABA recommendation to adopt proposed Model Rule 5.5(c) - (e) to identify “safe harbors” allowing a lawyer to practice in another state. The Commission would make the list of “safe harbors” exclusive and would add a provision preventing lawyers who are no longer eligible to practice in the host state from practicing under a “safe harbor.” 1. The Commission endorses the ABA recommendation to adopt proposed Model Rule 5.5(c)(1) to allow work as co-counsel with a lawyer admitted to practice in the jurisdiction if it is made clear that the local lawyer share actual responsibility for the representation. 2. The Commission endorses the ABA recommendation to adopt proposed Model Rule 5.5(c)(2) to allow lawyers to perform professional services that any non- lawyer is legally permitted to render as long as it is made clear that the lawyer is performing the services as a lawyer and remains subject to the Rules of Professional Conduct. 3. The Commission endorses the ABA recommendation to adopt proposed Model Rule 5.5(c)(3) to allow lawyers to perform work ancillary to pending or prospective litigation if the lawyer is authorized by law to appear in the proceeding or reasonably expects to be so authorized. -
Bostonbarjournala Publication of the Boston Bar Association
FALL 2009 BostonBarJournalA Publication of the Boston Bar Association Timely Justice Threatened by Fiscal Challenges A Move to Streamline the Civil Justice System Crawford Comes to the Lab: Melendez-Diaz and the Scope of the Confrontation Clause Residual Class Action Funds: Supreme Court Identifies IOLTA as Appropriate Beneficiary Challenges and Opportunities for New Lawyers Maintaining Client Confidences: Developments at the Supreme Judicial Court and First Circuit in 2009 If Pro Bono is Not an Option, Consider Volunteering GROW YOUR 401(k) WISELY Six things you won’t hear from other 401(k) providers... We were created as a not-for-profit 1. entity, and we exist to provide a benefit We leverage the buying power of the 2. ABA to eliminate firm expenses and minimize participant expenses Our fiduciary tools help you manage 3. your liabilities and save valuable time Our investment menu has three tiers to 4. provide options for any type of investor, and our average expense is well below the industry average for mutual funds We eliminated commissions, which erode 5. your savings, by eliminating brokers We have benefit relationships with 29 6. state bar and 2 national legal associations.* LEARN HOW No other provider has more than one. YOU CAN * Alabama State Bar Illinois State Bar Association State Bar of Nevada Rhode Island Bar Association GROW YOUR State Bar of Arizona Indiana State Bar Association New Hampshire Bar Association State Bar of Texas Arkansas Bar Association Iowa State Bar Association State Bar of New Mexico Vermont Bar Association -
Bostonbarjournala Publication of the Boston Bar Association
FALL 2009 BostonBarJournalA Publication of the Boston Bar Association Timely Justice Threatened by Fiscal Challenges A Move to Streamline the Civil Justice System Crawford Comes to the Lab: Melendez-Diaz and the Scope of the Confrontation Clause Residual Class Action Funds: Supreme Court Identifies IOLTA as Appropriate Beneficiary Challenges and Opportunities for New Lawyers Maintaining Client Confidences: Developments at the Supreme Judicial Court and First Circuit in 2009 If Pro Bono is Not an Option, Consider Volunteering GROW YOUR 401(k) WISELY Six things you won’t hear from other 401(k) providers... We were created as a not-for-profit 1. entity, and we exist to provide a benefit We leverage the buying power of the 2. ABA to eliminate firm expenses and minimize participant expenses Our fiduciary tools help you manage 3. your liabilities and save valuable time Our investment menu has three tiers to 4. provide options for any type of investor, and our average expense is well below the industry average for mutual funds We eliminated commissions, which erode 5. your savings, by eliminating brokers We have benefit relationships with 29 6. state bar and 2 national legal associations.* LEARN HOW No other provider has more than one. YOU CAN * Alabama State Bar Illinois State Bar Association State Bar of Nevada Rhode Island Bar Association GROW YOUR State Bar of Arizona Indiana State Bar Association New Hampshire Bar Association State Bar of Texas Arkansas Bar Association Iowa State Bar Association State Bar of New Mexico Vermont Bar Association -
Volume 22 No. 6 Nov/Dec 2009
Nov/Dec 2009 Volume 22 6 No. Utah Bartm JOURNAL resolve your biggest cases faster and for more money at lower costs www.trialadvocacycenter.com SolutionS For Your Firm “TAC has revolutionized our trial practice. We have used TAC’s facilities and staff to develop big cases from early litigation and discovery to mock trial and resolution.” -Joseph Steele, Steele & Biggs “It’s like producing a T.V. documentary for your client’s case. It really brings dramatic results. Our client gained great insights from witnessing jury deliberations and she felt like she had her day in court.” Mitchell Jensen, Siegfred & Jensen “The finest and most innovative courtroom studio production facility I’ve ever seen” -Norton Frickey, Network Affiliates “The features of the TAC have become essential tools we use to improve our skills, prepare witnesses and experts, and present a more visual and persuasive case for our clients much quicker and less expensively than the traditional methods. It has really enhanced our big cases.” -James McConkie, Parker & McConkie ServiceS overview Remote Video Depositions / Proceedings Continuing Legal Education (CLE) Paperless, high quality video recordings of depositions, Practice or learn trial skills from CLE approved courses and declarations, arbitrations, and mediations. Saves time and satisfy continuing legal education requirements in the process. money and decreases expenditures of time and travel. Video Conferencing / Streaming Jury Focus Groups Record, stream, or video conference any activity in the Observe and learn from live or recorded jury deliberations. courtroom allowing attorneys and witnesses to participate in Discuss what issues are important to the jurors. proceedings from anywhere in the world. -
Formal Ethics Opinion 108, Inadvertent Disclosure of Privileged
Formal Opinions Opinion 108 INADVERTENT DISCLOSURE OF PRIVILEGED OR CONFIDENTIAL DOCUMENTS 108 Adopted May 20, 2000. Introduction This opinion addresses the ethical obligations of a lawyer who receives from an adverse party or an adverse party’s lawyer documents that are privileged or confidential and that were inadvertently dis- closed, whether in a civil, criminal, or administrative proceeding or in a context that does not involve liti- gation. This opinion does not purport to address all the situations in which a lawyer receives privileged or confidential documents belonging to a person other than his or her client.1 For purposes of this opinion, “confidential” documents are those that are subject to a legally recognized exemption from discovery and use in a civil, criminal, or administrative action or proceeding, even if they are not “privileged” per se.2 Syllabus The ethical obligations of a lawyer who receives from an adverse party or an adverse party’s lawyer documents that are privileged or confidential and that were inadvertently disclosed depends on whether the receiving lawyer knows of the inadvertence of the disclosure before examining the docu- ments. A lawyer who receives documents from an adverse party or an adverse party’s lawyer (“sending lawyer”) that on their face appear to be privileged or confidential has an ethical duty, upon recognizing their privileged or confidential nature, to notify the sending lawyer that he or she has the documents, unless the receiving lawyer knows that the adverse party has intentionally waived privilege and confiden- tiality. Although the receiving lawyer’s only ethical obligation in this situation is to give notice, other con- siderations also come into play, including professionalism and the applicable substantive and procedural law. -
Attorney Admission Practices in the U.S. Federal Courts JOHN OKRAY
40 • THE FEDERAL LAWYER • September 2016 Attorney Admission Practices in the U.S. Federal Courts JOHN OKRAY oes your state follow the common law rule against perpetuities, does it use the common law rule with the “wait-and-see” modification, has it adopted the Uniform Statutory Rule Against Perpetuities, or does it follow a different standard? Is the punishment for burglary in your state enhanced if the premises was inhabited or if the entry was Dat night? Even if you are a licensed attorney, there is a good chance you do not know these answers off the top of your head. The good news is that you are trained to conduct legal research and can find out relatively quickly. Nevertheless, some state bars and federal courts still require experienced attorneys to run the bar exam gauntlet multiple times to show they can grasp these concepts more than once. Various Courts, Various Requirements attorney is eligible for admission to the bar of a court of appeals While there has been a very slow but steady march toward if that attorney is of good moral and professional character and modernization of the legal profession, several pockets of outmod- is admitted to practice before the Supreme Court of the United ed and protectionist rules continue to plague the practice. This States, the highest court of a state, another United States court article focuses on attorney admission requirements for practicing of appeals, or a United States district court (including the district in the various federal courts, and specifically who are the leaders courts for Guam, the Northern Mariana Islands, and the Virgin and laggards in this area. -
Introduction
INTRODUCTION Nationally, approximately 40% of new attorneys work at firms consisting of more than 50 lawyers. Therefore, a large percentage of practicing attorneys work for small firms (fewer than 50 attorneys). Small firms generally do not have formalized recruiting procedures or a set “hiring season” when they recruit summer law clerks, school-year law clerks, or entry-level attorneys. Instead, these firms hire on an as-needed basis, and they hire year round. To secure employment with a small firm, students and lawyers alike need to be proactive in getting their name and interests out in the community. Applicants should not only apply directly to these firms, but they should connect via law school, community, and bar association activities. In this directory, you will find state-by-state hyperlinks to regional directories, bar associations, newspapers, and job banks that can be used to jump-start a small firm search. ALABAMA State/Regional Bar Associations Alabama Bar Association: http://www.alabar.org Birmingham Bar Association: http://www.birminghambar.org Mobile Bar Association: http://www.mobilebar.org Specialty Bar Associations Alabama Defense Lawyers Association: http://www.adla.org Alabama Trial Lawyers Association: http://www.alabamajustice.org Major Newspapers Birmingham News: http://www.al.com/birmingham Mobile Register: http://www.al.com/mobile Legal & Non-Legal Resources & Publications State Lawyers.com: http://alabama.statelawyers.com EINNEWS: http://www.einnews.com/alabama Birmingham Business Journal: http://birmingham.bizjournals.com -
Connecticut Bar Association to the Members of The
CONNECTICUT BAR ASSOCIATION TO THE MEMBERS OF THE STANDING COMMITTEE ON PROFESSIONAL ETHICS NOTICE OF MEETING The next meeting will be held on Wednesday, February 15, 2017 at 6:30 p.m. at the Quinnipiack Club, 221 Church Street, New Haven, CT. Refreshments at 6 p.m.; dinner at 6:30 p.m. AGENDA 1. Approval of the Minutes of the January 18, 2017 Meeting (Pages 1-2) 2. Report on Committee Sponsored CLE Programs (Deborah Del Prete Sullivan) 3. Report on Proposed Amendment of Rule 8.4 (Stovall) 4. Proposal by Association of Professional Responsibility Lawyers (APRL) to Amend Rules 7.1-7.5 of the ABA Model Rules of Professional Conduct, a. Draft Comments on APRL Proposal (Stith) (Pages 3-8) b. APRL Proposed Amendments to ABA Model Rules of Professional Conduct 7.1, 7.2, 7.3, 7.4, and 7.5 (Pages 9-20) c. 2015 Report of the APRL Regulation of Advertising Committee (Pages 21-59) d. 2016 Supplemental Report of the APRL Regulation of Advertising Committee (Pages 60-66) e. Invitation to Comment on APRL Proposal to Amend ABA Model Rules of Professional Conduct 7.1, 7.2, 7.3, 7.4, and 7.5 (Page 67) 5. Proposed Amendment of Practice Book § 2-32(a)(2) (Conover, Murphy, Rinehart) (Pages 68-72) 6. Other Business 7. Adjourn MINUTES OF A MEETING OF CBA PROFESSIONAL ETHICS COMMITTEE at The Quinnipiack Club, New Haven, January 18, 2017 Chair Stovall opened the meeting at about 6:35 p.m. Present were 15 other members: Benoit, Conover, Dauster, DeRosa, Horowitz, Kaplan, Knierim, Logan, Maurer, Reinhart, Slane, Santucci, Stith, Zaccaro, & Nessler. -
RECOGNIZED RECIPROCAL JURISDICTIONS the Following Jurisdictions Have Been Reviewed by the Arkansas State Board of Law Examiners
RECOGNIZED RECIPROCAL JURISDICTIONS The following jurisdictions have been reviewed by the Arkansas State Board of Law Examiners and have been determined to be “reciprocal” under the provisions of the Arkansas admission on motion rule. Alaska Nebraska Colorado New Hampshire District of Columbia New York Georgia North Carolina Idaho Ohio Illinois Oklahoma Iowa Pennsylvania Kansas Tennessee Kentucky Texas Massachusetts Utah Minnesota Washington Mississippi Wisconsin Missouri JURISDICTIONS DETERMINED TO NOT BE RECIPROCAL The following jurisdictions have been reviewed by the Arkansas State Board of Law Examiners. It has been determined their admission on motion provisions are sufficiently dissimilar from the Arkansas admission on motion rule to decline recognition of them as “reciprocal” jurisdictions. Alabama New Mexico Arizona Oregon Indiana Rhode Island Michigan Virginia West Virginia JURISDICTIONS FOR WHICH RECIPROCAL STATUS HAS NOT BEEN DETERMINED Connecticut South Dakota Maine Vermont New Jersey Wyoming North Dakota JURISDICTIONS WHICH DO NOT ALLOW ADMISSION ON MOTION According to the most recent volume of the Comprehensive Guide to Bar Admission Requirements, a publication of the National Conference of Bar Examiners, the following jurisdictions do not allow admission on motion. Section 1.(d) of the Arkansas Admission on Motion rule requires that the state in which the applicant attorney has or had his or her “principal place of business for the practice of law for the two year period immediately preceding application under this rule, would allow attorneys from this State a similar accommodation”. Hence, if your “principal place of business” is in one of the jurisdictions mentioned below, you will not be allowed admission on motion in this jurisdiction. -
US Guide to Bar Admission Requirements, 2016
Comprehensive Guide to Bar Admission Requirements 2016 NATIONAL CONFERENCE OF BAR EXAMINERS AND AMERICAN BAR ASSOCIATION SECTION OF LEGAL EDUCATION AND ADMISSIONS TO THE BAR National Conference of Bar Examiners Comprehensive Guide to Bar Admission Requirements 2016 NATIONAL CONFERENCE OF BAR EXAMINERS AND AMERICAN BAR ASSOCIATION SECTION OF LEGAL EDUCATION AND ADMISSIONS TO THE BAR National Conference of Bar Examiners EDITORS ERICA MOESER CLAIRE J. GUBACK This publication represents the joint work product of the National Conference of Bar Examiners and the ABA Section of Legal Education and Admissions to the Bar. The views expressed herein have not been approved by the House of Delegates or the Board of Governors of the American Bar Association, nor has such approval been sought. Accordingly, these materials should not be construed as representing the policy of the American Bar Association. National Conference of Bar Examiners 302 South Bedford Street, Madison, WI 53703-3622 608-280-8550 • TDD 608-661-1275 • Fax 608-280-8552 www.ncbex.org Chair: Hon. Thomas J. Bice, Fort Dodge, IA President: Erica Moeser, Madison, WI Immediate Past Chair: Bryan R. Williams, New York, NY Chair-Elect: Robert A. Chong, Honolulu, HI Secretary: Hon. Rebecca White Berch, Phoenix, AZ Board of Trustees: Hulett H. Askew, Atlanta, GA Patrick R. Dixon, Newport Beach, CA Michele A. Gavagni, Tallahassee, FL Gordon J. MacDonald, Manchester, NH Hon. Cynthia L. Martin, Kansas City, MO Suzanne K. Richards, Columbus, OH Hon. Phyllis D. Thompson, Washington, DC Timothy Y. Wong, St. Paul, MN ABA House of Delegates Representative: Hulett H. Askew, Atlanta, GA American Bar Association Section of Legal Education and Admissions to the Bar 321 North Clark Street, Chicago, IL 60654-7598 312-988-6738 • Fax 312-988-5681 www.americanbar.org/legaled Chair: Hon. -
AAA Roadside Assistance for the Legal Profession: A-Dvances in Technology
AAA Roadside Assistance for the Legal Profession: A-dvances in Technology, A-rtificial Intelligence, and A-lternative Fee Arrangements September 14, 2020 2:00 p.m. – 4:00 p.m. CT Bar Association Webinar CT Bar Institute Inc. CT: 2.0 CLE Credits (Ethics) NY: 2.0 CLE Credits (1.0 Ethics; 1.0 D&I) Seminar Materials Sponsored by No representation or warranty is made as to the accuracy of these materials. Readers should check primary sources where appropriate and use the traditional legal research techniques to make sure that the information has not been affected or changed by recent developments. Page 1 of 262 Lawyers’ Principles of Professionalism As a lawyer I must strive to make our system of justice work fairly and Where consistent with my client's interests, I will communicate with efficiently. In order to carry out that responsibility, not only will I comply opposing counsel in an effort to avoid litigation and to resolve litigation with the letter and spirit of the disciplinary standards applicable to all that has actually commenced; lawyers, but I will also conduct myself in accordance with the following Principles of Professionalism when dealing with my client, opposing I will withdraw voluntarily claims or defense when it becomes apparent parties, their counsel, the courts and the general public. that they do not have merit or are superfluous; Civility and courtesy are the hallmarks of professionalism and should not I will not file frivolous motions; be equated with weakness; I will endeavor to be courteous and civil, both in oral -
38-2-205-Deblasis-Pdfa.Pdf (792.0Kb)
Another Tile in the “Jurisdictional Mosaic” 1 of Lawyer Regulation: Modifying Admission by Motion Rules to Meet the Needs of the 21st Century Lawyer ABIGAIL L. DEBLASIS2 Can practicing law on a less than "full-time" basis hinder a lawyer's future mobility? The answer depends on which jurisdiction you ask. A parent who is considering a reduced hours schedule for family reasons or a recent grad- uate whose only option is part-time work should know that these choices may impact future mobility. This Article provides an in-depth exploration of the current admission by motion rules, which are the rules that allow a lawyer who is already licensed and practicing in one jurisdiction to be admitted in another jurisdiction with- out having to take that jurisdiction's bar exam. These rules are of great ne- cessity in the modern world given the need for mobility. The rules require that an applicant have been practicing law for some stated period of time in the original jurisdiction, assuming that these years in practice will ensure the applicant has minimum competence to practice in the same way that pass- ing a bar exam ensures minimum competence. For example, a rule may re- quire that the applicant have been actively engaging in the practice of law for five of the seven years immediately preceding her application for admis- sion by motion. A troubling aspect of some jurisdictions' rules is the require- ment of "full-time" prior practice. The Article started out with a concern that lawyers, especially female law- yers, who work less than full-time for family or other reasons were signifi- cantly disadvantaged by the requirement of "full-time" prior practice.