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Some New Twists and Old Tricks for an Ethical New Year

We have a duty to our profession, our clients and the courts to ensure that our legal theories are based on provable facts that support fairness and justice. “May you live in interesting times.” This saying is not really a wish for your entertainment. “Interesting times” are times of struggle, trouble and turmoil. It’s not […]

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Using Generative AI: As the ABA Says, There’s a Rule (or Two!) for That!

Formal Opinion 512 does an excellent job of analyzing the rules that are implicated by the use of generative AI. Technology is evolving rapidly, and we have had to evolve with it. The days of sitting in a law firm library with a stack of books open to the relevant cases, a stack of Shepard’s

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Yikes! ABA’s Latest Ethics Opinion Prohibits Nonrefundable Fees: Does It Change Things in Pa.?

Many solos and small firms charge their clients “nonrefundable” fees, intending to take an advance fee that can be used immediately to pay bills. In Pennsylvania, lawyers have termed these fees “nonrefundable,” and, have placed these funds directly into their operating accounts. In early May, the American Bar Association issued Formal Ethics Opinion 505, in which

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An Unscientific Analysis: Who Gets Disciplined and Why?

There are 75,600 lawyers in Pennsylvania. Last year, 3,818 disciplinary complaints were opened, and 132 attorneys were disciplined. Based on these numbers, it is safe to say that most of you reading this column will never hear from the Office of Disciplinary Counsel, the investigating and prosecuting arm of the Disciplinary Board. Even fewer of

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Risky Business: Fee Agreements, Bank Accounts and Record Keeping Requirements Under the Pennsylvania Rules of Professional Conduct or What You Don’t Know Will Hurt You

Sleepless nights are a criminal defense attorney’s lot in life, full of worry about all the things that can and do go wrong in the high-stakes work of protecting individual liberty. But there is one more thing you should be worried about: your office’s compliance with the Pennsylvania Rules of Professional Conduct and Rules of

Risky Business: Fee Agreements, Bank Accounts and Record Keeping Requirements Under the Pennsylvania Rules of Professional Conduct or What You Don’t Know Will Hurt You Read More »