WORKERS COMPENSATION. Ethics 2008
|
|
|
- Ezra Blair
- 8 years ago
- Views:
Transcription
1 WORKERS COMPENSATION Ethics 2008
2 #1:Solicitation Barfly Bart, general practice lawyer, observes Wanda limping to the bar. After some small talk, Bart asks her about the limp. Wanda says it s work-related. Bart says he s a lawyer and can represent her in a worker s compensation claim. Is his contact with Wanda Appropriate?
3 #1 The Solicitation Rule 7.3(a) Direct Contact With Prospective Clients. A lawyer shall not by in-person or live telephone contact solicit professional employment from a prospective client with whom the lawyer has no family or prior professional relationship when a significant motive for the lawyer s doing so is the lawyer s primary gain. Alaska Rule 7.3( a) Is the same
4 #2 The Retainer Falsely Documented Worker Wanda tells Bart she s working using her dead cousin s Social Security Number. Bart signs her up and begins the case. Okay?
5 #2 The Retainer: Falsely Documented Workers Probably not under proposed rule 9.0(g) which defines informed consent How much initial information is required to satisfy informed consent?
6 #2 The Retainer: Falsely Documented Worker Example: Potential crimes 8 USC Section 1325(a):Felony unlawful entry 8 USC Section 1546 (a): Felony false document use for employment 8 USC Section 1546 (b): Felony falsely filling out employment. 4 USD Section 911: False claim of US citizenship.
7 #2 The Retainer: Falsely Documented Workers Examples of attorney s potential liability: 8 USC Section 1325: Felony harboring or aiding illegal alien. 8 USC section 2: Felony aiding/abetting another in commission of crime. 8 SUC section 4: Felony misprision of a felony (knowing person committed crime and filing to inform authorities)
8 #2 The Retainer: Falsely Documented Worker Ethical Question: Can a lawyer represent a client in a worker s compensation claim if the client is using a false identity?
9 #2: The Retainer: Falsely Documented Workers Rule 1.2 (d) says lawyer shall not assist client in conduct lawyer knows is criminal or fraudulent. Alaska 1.2(d) A lawyer shall not counsel or assist a client to engage in conduct that the lawyer knows is criminal or fraudulent, Rule 3.3(a)(4) :Duty not to use false evidence. Alaska Same. Rule 1.16(a)(1) :No representation if violation of ethical code or other law. Alaska Same Rule 1.16(a)(4) :Withdrawal required if services used to further crime. Alaska Rule 1.16 (b)
10 # 3 The Specialist Bart tells Wanda that worker s compensation is one of his specialty areas. Appropriate?
11 #3: The Specialist Rule 7.4 Communication of Fields of Practice. (d) A lawyer shall not state or imply that the lawyer has been recognized or certified as a specialist in a particular field of law except (where such certification is granted by the proper regulatory agency) Alaska Rule 7.4 Same Exceptions patent practice, certifications by agencies whose certifications are granted by an organization or authority whose specialty certification program is accredited by the American Bar Association.
12 #4 : The (In) Competence Bart has very little worker s compensation experience. Wanda tells Bart she was receiving $400/wk from United Heartless when benefits were denied after independent Dr. Wedenyem. She still hurts and her own doctor keeps her off work. Bart completes hearing Application using $400 wage ($10/hr & 40 hr wk). Heartless concedes. Wanda, in fact, works 70 hr/wk, triggering an enhanced weekly wage and disability rate under an Administrative Rule, of which Bart is unaware. Has he violated an ethics rule?
13 #4 The (In) Competence Rule 1.1 Competence A lawyer shall provide competent representation to a client. Competence requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. Alaska Rule 1.1 (a) A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. Comment In many instances, the required proficiency is that of a general practitioner. Expertise in a particular field of law may be required in some circumstances.
14 # 5 Justice Delayed Bart is a busy lawyer and never gets around to obtaining a form (necessary for medical proof admissibility ) from Wanda s doctor. Bart received a Notice from the Worker s Compensation Division and soon after an order dismissing the claim (without prejudice) for lack of medical evidence. Violation?
15 #5 Justice Delayed: (Busy Practice) Rule 1.3 Diligence A lawyer shall act with reasonable diligence and promptness in representing a client. Comment: A lawyer should pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience to the lawyer, and take whatever lawful and ethical measures are required to vindicate a client s cause or endeavor; A lawyer must also act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client s behalf. Alaska 1.3 is same.
16 #6 The Diligence Dodge Wanda gets a copy of dismissal order and asks Attorney Bart for an explanation. After receiving assurance from the W.C. Dept that he can re-file, Bart tells Wanda the dismissal was routine. Bart need not tell Wanda real reason for dismissal since she can re-file and no harm done to Wanda. Bart must tell Wanda the basis for the dismissal. Bart must tell Wanda the real reason and advise Wanda she should see a malpractice lawyer (and Bart knows one-a drinking buddy from the corner bar).
17 #6 The Diligence Dodge Rule 1.4 Communication With Client. (a)(3) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information. (b) A Lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. Alaska 1.4 same
18 #7 The Miscalculation Wanda s doctor says she is permanently and totally disabled. Bart says to Larry Low Ball insurance company attorney, my case is 100% Permanent Total Disability. That comes out to $177, (Maximum of PPI) We will take $150,000 to settle. Larry immediately realizes the value of the case (based on the PTD rate) exceeds $500,000. Larry must inform Bart he miscalculated? Larry can take the deal as an advocate for his client?
19 #7 : The Miscalculation Rule 4.1 Truthfulness in Statements to others In the course of representing a client, a lawyer shall not knowingly make a false statement of material fact or law to a third person. Comment: A lawyer is required to be truthful when dealing with others on a client s behalf, but generally has no affirmative duty to inform an opposing party of relevant facts. Comment: An omission that is the equivalent of an affirmative false statement: can be misrepresentation.
20 #7: The Miscalculation Alaska Rule 4.1 In the course of representing a client a lawyer shall not knowingly : (a) make a false state of material fact or law to a third person Comment A lawyer is required to be truthful when dealing with others on a client s behalf; but generally has no affirmative duty to inform an opposing party of relevant facts. A misrepresentation can occur if the lawyer incorporates or affirms a statement of another person that the lawyer knows is false. Misrepresentations can also occur by failure to act.
21 #8 The Limited Retainer Savvy Lawyer Tom Knows Wanda s Case may likely involve other areas. (ADA, FMLA, OSHA, NLRA, ADEA, EEOC, ERISA, OWPA, SSD, Medicare) His Retainer Agreement specifically limits representation to worker s compensation. Appropriate?
22 #8 the Limited Retainer Informed Consent defined by 1.0(f) and its Comments has some crucial elements: Explanation of facts/circumstances (services lawyer will and will not provide) Explanation of advantages/ disadvantages of proposed course of conduct (explain risks of limited scope represent)
23 #8 The Limited Retainer Proposed Alaska Rule 9.0 (g) Informed consent denotes the agreement by a person to a proposed course of of conduct after the lawyer adequately explained the material risks of, and the reasonably available alternatives to, the proposed course of conduct.
24 #9 The Misdirected Tom receives an from opposing counsel, Larry, obviously sent in error and intended for Larry s client, United WealthCare. outlines case strategy, complete with dollar amounts. Options: a) Contact Larry to tell him he received the . b) Abide by Larry s wishes as to how to dispose of the confidential material. c) Print doc & use information fo his client s advantage. d) Tell Larry he will delete (but print & copy anyway)
25 #9 The Misdirected Same question: Larry (Defense counsel): c) Can insist Tom not tell his client the contents. b) Can refrain from telling United wealthcare about the erroneous transmission. c) Must tell his client about the screw-up.
26 #9 the Misdirected Rule(s) 4.4 Respect for Rights of third Persons Old Rule: ABA Formal opinion An attorney who received information mistakenly has an ethical duty to attempt to return the information unopened and without revealing the information:. Further the law of good sense supports the conclusion that receiving counsel s obligations are to avoid receiving the materials, notify the sending counsel, and abide by sending the counsel s wishes as to how to treat the disposition of the confidential materials.
27 # 9 The misdirected Rule(s) 4.4 Respect for rights of Third Persons New Rule: The lawyer receiving the erroneous information should promptly notify the sender. Comment: Some lawyer may elect to return document unread: the decision to voluntarily return is a matter of professional judgment. Alaska 4.4 In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay or burden a third person, nor use methods of obtaining evidence that violate the legal rights of such a person.
28 #10: Representing Both Sides At the hearing defense attorney Larry argues that United WealthCare s position on Wanda s weekly wage excludes overtime. One month earlier, representing an injured worker, Larry took the exact opposit position in front of this same tribunal. Does Larry have a conflict.
29 #10 Representing both Sides Rule 1.7 conflict of Interest, Current Client. Comment Ordinarily a lawyer may take inconsistent legal positions in different tribunals at different times on behalf of different clients. A conflict of interest exists, however, if there is a significant risk that a lawyer s action on behalf of one client will materially limit the lawyer s effectiveness in representing another client in a different case; for example, when a decision favoring one client will create a precedent likely to seriously weaken the position taken on behalf of the other client.
30 Representing Both Sides Alaska Rule 1.7 Comment A lawyer may represent parties having antagonistic position on a legal question that has arisen in different cases, unless representation of either client would be adversely affected. Thus, it is ordinarily not improper to assert such position in cases pending in different trial courts, but it may be improper to do so in cases pending at the same time in a appellate court
31 #11 The Co-Worker Contact Wanda tells Tom her supervisor admitted that supervisor removed the machine s safety guard, causing Wanda s injury. The supervisor is now retired. Can tom (or Wanda at Tom s request) contact the supervisor without permission from Larry?
32 #11 The Co Worker Contact Rule 4.2 Communication with Person represented by Counsel [A] lawyer shall not communicated about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order. Comment: [7] Contact is now prohibited with the constituent of the organization who supervises, directs, or regularly consults with the organization s lawyer with respect to the matter, or whose act or omission in the matter may be imputed to the organization or purposes of criminal or civil liability. Comment:[7] consent of the organization s lawyer is not required for communication with a former constituent. Alaska 4.2 is the same. No comment similar to above.
Complying with the FCPA- An Exploration of Ethical Issues Raised by Recent Cases Are the Professional Conduct Rules Any Different?
Complying with the FCPA- An Exploration of Ethical Issues Raised by Recent Cases Are the Professional Conduct Rules Any Different? By Roseann B. Termini, Esq. rbtermini@widener.edu www.fortipublications.com
*Rule 1.4(a) *Rule 1.16(a) *Rule 1.16(a)(2) *Rule 1.16(b) *Rule 3.3 *DR7-102(A)(4) *DR7-102(A)(6)
NEW HAMPSHIRE BAR ASSOCIATION Ethics Committee Formal Opinion 1993-94/7 Candor to Tribunal: Use of Questionable Evidence In Criminal Defense January 27, 1994 RULE REFERENCES: *Rule 1.2 *Rule 1.2(a) *Rule
Ethical Issues Facing Today s Transportation Lawyers
Ethical Issues Facing Today s Transportation Lawyers R I C K K I S S I N G E R K I S S I N G E R & F E L L M A N, P C D E N V E R, C O M o d e r a t o r L E E P I O V A R C Y M A R T I N, T A T E, M O
requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
LEGAL ETHICS OPINION 1814 UNDISCLOSED RECORDING OF THIRD PARTIES IN CRIMINAL MATTERS In this hypothetical, a Criminal Defense Lawyer represents A who is charged with conspiracy to distribute controlled
INTRODUCTION TO LEGAL AID AND RELATED ETHICAL ISSUES I N N S O F C O U R T P U P I L A G E G R O U P 3 P R E S E N T A T I O N
INTRODUCTION TO LEGAL AID AND RELATED ETHICAL ISSUES I N N S O F C O U R T P U P I L A G E G R O U P 3 P R E S E N T A T I O N OATH OF ATTORNEY I do solemnly swear: I will support the Constitution of the
ISBA Advisory Opinion on Professional Conduct
ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the Opinions express the ISBA interpretation
PATRICIA A. CHUCKA GRINER & ASSOCIATES 13935 BISHOP S DRIVE, SUITE 250 BROOKFIELD, WI 53005 PHONE: 262-825-9295
PATRICIA A. CHUCKA GRINER & ASSOCIATES 13935 BISHOP S DRIVE, SUITE 250 BROOKFIELD, WI 53005 PHONE: 262-825-9295 ETHICS AND THE WORKER S COMPENSATION PRACTITIONER A lawyer, as a member of the legal profession,
Comparison of Newly Adopted Arizona Rules of Professional Conduct with ABA Model Rules
Comparison of Newly Adopted Arizona Rules of Professional Conduct with ABA Model Rules ARIZONA New rules as adopted by Arizona Supreme Court to be effective 12/1/03. Rules 1.13, 5.5 and 8.5 as amended
A Practical Guide to. Hiring a LAWYER
A Practical Guide to Hiring a LAWYER A PRACTIAL GUIDE TO HIRING A LAWYER I. Introduction 3 II. When do you Need a Lawyer? 3 III. How to Find a Lawyer 4 A. Referrals 4 B. Lawyer Referral Service 5 C. Unauthorized
Reflections on Ethical Issues In the Tripartite Relationship
Reflections on Ethical Issues In the Tripartite Relationship [click] By Bruce A. Campbell 1 Introduction In most areas of the practice of law, there are a number of ethical issues that arise on a frequent
AS APPROVED BY CONVOCATION, MARCH 25, 2004. (new/amended rules and commentary for rule 2.02)
AS APPROVED BY CONVOCATION, MARCH 25, 2004 (new/amended rules and commentary for rule 2.02) When Client an Organization (1.1) Notwithstanding that the instructions may be received from an officer, employee,
CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY FOR DELAWARE PARALEGALS PREAMBLE
CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY FOR DELAWARE PARALEGALS PREAMBLE The Delaware Paralegal Association advocates that paralegals have an ethical and professional responsibility in the delivery
What to Do When Your Witness Testimony Doesn t Match His or Her Declaration
What to Do When Your Witness Testimony Doesn t Match His or Her Declaration Russell R. Yurk Jennings, Haug & Cunningham, L.L.P. 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 (602) 234-7819
Rules of Professional Conduct For Attorneys Wisconsin Supreme Court Rule 20
Rules of Professional Conduct For Attorneys Wisconsin Supreme Court Rule 20 Read It, Know It, Live It Presented by Mark Gumz with the assistance of Hannah Schieber SCR 20: More than just 40+ pages of fine
TENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010
TENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010 Glenn R. Funk 117 Union Street Nashville, TN 37201 (615) 255-9595 ETHICS IN DUI DEFENSE
Comparison of Newly Adopted New Hampshire Rules of Professional Conduct with ABA Model Rules NEW HAMPSHIRE
Comparison of Newly Adopted New Hampshire Rules of Professional Conduct with ABA Model Rules NEW HAMPSHIRE New rules as adopted by New Hampshire Supreme Court to be 1/1/16. Variations from the Model Rules
Ethical Rules Applied to Contract and Settlement Negotiations ACC Houston November 13, 2012 Charlie Meacham Samantha Trahan Bass Wallace, Jr. ACC Houston 11/13/12 2 Let s Start with Some Rules Texas Disciplinary
Written Response to Questions from Chairwoman Linda Sanchez for. Heather E. Williams
Written Response to Questions from Chairwoman Linda Sanchez for Heather E. Williams First Assistant Federal Public Defender District of Arizona - Tucson 4 August, 2008 Follow-up to Testimony before the
Oregon Code of Professional Responsibility
Oregon Code of Professional Responsibility (06/03) 1 Oregon Code of Professional Responsibility (As approved by the Oregon Supreme Court through June 17, 2003) TABLE OF CONTENTS Disciplinary Rule 1 Maintaining
Ethical Considerations for the Estate Attorney. Trusts and Estates Practice is Difficult to Categorize
Ethical Considerations for the Estate Attorney Trusts and Estates Practice is Difficult to Categorize Clients are generally older, but many younger people are planning for retirement and family members.
APPLICATION TO THE SACRAMENTO COUNTY BAR/ INDIGENT DEFENSE PANEL (IDP)
APPLICATION TO THE SACRAMENTO COUNTY BAR/ INDIGENT DEFENSE PANEL (IDP) 1. Read the enclosed summary of Program Description, Trial Requirements, Rules, Application, Agreement and Authorization and Release
Minimum Standards for Indigent Criminal Appellate Defense Services Including MAACS Comments
Standard 1 Minimum Standards for Indigent Criminal Appellate Defense Services Including MAACS Comments Approved by the Michigan Supreme Court Effective January 1, 2005 Counsel shall promptly examine the
A. Accredited law school means a law school either provisionally or fully approved and accredited by the American Bar Association.
Arizona Rules of the Supreme Court 38(d) (d) Clinical Law Professors and Law Students 1. Purpose. This rule is adopted to encourage law schools to provide clinical instruction of varying kinds and to facilitate
STANDARDS OF CONDUCT FOR REPRESENTATIVES APPEARING BEFORE THE COMMISSION TRIBUNAL CHAPTER 7
CHAPTER 7 STANDARDS OF CONDUCT FOR REPRESENTATIVES APPEARING BEFORE THE COMMISSION TRIBUNAL 7-01 Definitions... 2 7-02 General Provisions for Representatives... 3 7-03 Conduct and Character... 3 7-04 Misrepresentation
A Guide for the General Practitioner: Ethical Issues When Evaluating, Selecting and Handling Personal Injury Case I.
A Guide for the General Practitioner: Ethical Issues When Evaluating, Selecting and Handling Personal Injury Case I. Finding the Case: For the general practitioner of law, most personal injury claims come
69B-220.051 Conduct of Public Adjusters and Public Adjuster Apprentices.
69B-220.051 Conduct of Public Adjusters and Public Adjuster Apprentices. (1) Purpose and Scope. This rule sets forth Department policy as to certain matters generally affecting public adjusters and public
Homeline CLE Top Ten Ethical Issue That Impact Family Law Lawyers
Homeline CLE Top Ten Ethical Issue That Impact Family Law Lawyers I. Safekeeping Property. A. Rule 1.15 of Minnesota Rules of Professional Conduct requires a lawyer representing a party to safe keep their
Ethical Considerations for Tribal Lawyers and Judges
Ethical Considerations for Tribal Lawyers and Judges The 19th Annual Tribal Law and Government Conference The Future of Indian Education University of Kansas March 13, 2015 Elizabeth Ann Kronk Warner Associate
Ethical and Professional Responsibility Issues in Environmental Law. Ted Bosquez Vinson & Elkins L.L.P.
Ethical and Professional Responsibility Issues in Environmental Law Ted Bosquez Vinson & Elkins L.L.P. Overview Voluntary Self-Disclosure Mechanisms Ethical Considerations in Self-Disclosure Scenarios
The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014
The Foundation of Juvenile Practice Part 1: You are Adversary Counsel, NOT a GAL! Private Bar Certification Forensic Exercise November 19, 2014 Role of Juvenile Defense Counsel: Forensic Exercise: Question
The Lawyer as Gatekeeper The Backdrop
Lawyers as Gatekeepers The SEC s New Focus on Inside and Outside Counsel Julie M. Allen Frank Zarb National Conference of the Society of Corporate Secretaries and Governance Professionals June 28, 2014
MPRE Sample Test Questions
MPRE Sample Test Questions The following sample questions are examples of test questions similar to those on the MPRE. While these sample questions illustrate the kinds of questions that will appear on
NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS No. 13-03
NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS No. 13-03 A SALE OF A LAW PRACTICE BY A LAWYER OR LAW FIRM TO AN EXISTING ASSOCIATE EMPLOYEE OR OWNER DOES NOT CONSTITUTE A SALE FOR PURPOSES OF NEB. CT. R.
CARLSMITH BALL LLP HONOLULU HILO KONA MAUI GUAM LOS ANGELES
Applicability Effective 1/1/2014 Hawaii U.S. District Court L.R. 83.3 Federal Agencies Patent and Trademark Office (Part II, Subpart D) Securities and Exchange Commission (17 CFR Part 205) Highlights Client
INDIANA PARALEGAL ASSOCIATION CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY AND RULES FOR ENFORCEMENT
INDIANA PARALEGAL ASSOCIATION CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY AND RULES FOR ENFORCEMENT PREAMBLE The Indiana Paralegal Association ("IPA") is a professional organization comprised of individual
Question 4. 1. What, if any, ethical violations has Austin committed as an attorney? Discuss.
Question 4 Austin had been a practicing physician before he became a lawyer. Although he no longer practices medicine, he serves on a local medical association committee that works to further the rights
GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia
Case 1:11-cr-00326-SCJ-JFK Document 119-1 Filed 01/20/12 Page 1 of 16 GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF
Conduct of Public Adjusters and Public Adjuster Apprentices Ethical Requirements for All Adjusters and Public Adjuster Apprentices NOTICE OF CHANGE
DEPARTMENT OF FINANCIAL SERVICES Division of Insurance Agent and Agency Services RULE NO.: 69B-220.051 69B-220.201 RULE TITLE: Conduct of Public Adjusters and Public Adjuster Apprentices Ethical Requirements
Ethics Bear Traps for In-House Counsel Michael Aprahamian
Ethics Bear Traps for In-House Counsel Michael Aprahamian Unique Problems Faced by In-House Counsel The general counsel has one foot planted firmly in the shifting, treacherous terrain of the law, and
Ontario s Amended Rules of Professional Conduct
Ontario s Amended Rules of Professional Conduct Bruce Blain Toronto Symposium June 5, 2014 FLSC Model Code of Professional Conduct 2004 - initiative to create uniform ethical and professional conduct standards
Florida Administrative Code
Florida Administrative Code Rule 69B-220.051 Conduct of Public Adjusters. (1) Purpose and Scope. This rule sets forth department policy as to certain matters generally affecting public adjusters. Procedures
Legal and Judicial Ethics for Criminal Practice in US Afghan Defense Lawyers Program Public Private Partnership for Justice Reform in Afghanistan
for Criminal Practice in US Afghan Defense Lawyers Program Public Private Partnership for Justice Reform in Afghanistan February 25, 2010 David M. Siegel New England Law Boston dsiegel@nesl.edu; 1 (617)
PROFESSIONAL LIABILITY INSURANCE ADD LAWYER INFORMATION SUPPLEMENT
PROFESSIONAL LIABILITY INSURANCE ADD LAWYER INFORMATION SUPPLEMENT Medmarc Casualty Insurance Company 14280 Park Meadow Drive Suite 300 Chantilly, VA 20151-2219 800.356.6886 703.652.1300 1. New Lawyer:
Discuss the importance of professionalism in client development.
MENTORMATCH PROGRAM WORKSHEET BB INTRODUCTION TO CLIENT DEVELOPMENT Worksheet BB is intended to facilitate a discussion about methods of client development that have been successful for the mentor and
trial court and Court of Appeals found that the Plaintiff's case was barred by the statute of limitations.
RESULTS Appellate Court upholds decision that malpractice action barred September 2, 2015 The South Carolina Court of Appeals recently upheld a summary judgment obtained by David Overstreet and Mike McCall
PROFESSIONAL COUNSELSM
PROFESSIONAL COUNSELSM ADVICE AND INSIGHT INTO THE PRACTICE OF LAW Lawyers Toolkit 3.0: A Guide to Managing the Attorney-Client Relationship A CNA PROFESSIONAL COUNSEL GUIDE FOR LAWYERS AND LAW FIRMS The
NO. 03-B-0910 IN RE: HARRY E. CANTRELL, JR. ATTORNEY DISCIPLINARY PROCEEDINGS
05/02/03 See News Release 032 for any concurrences and/or dissents. SUPREME COURT OF LOUISIANA NO. 03-B-0910 IN RE: HARRY E. CANTRELL, JR. ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM This matter arises
Code of Ethics. I. Definitions
Code of Ethics Old North State Trust, LLC (the Company ) has adopted this Code of Ethics in recognition of the principle that all Supervised Persons (as defined below) of the Company have a fiduciary duty
Office of Lawyers Professional Responsibility
Office of Lawyers Professional Responsibility Complaints and Investigations Office of Lawyers Professional Responsibility 1500 Landmark Towers 345 St. Peter Street St. Paul, MN 55102-1218 (651) 296-3952
METHODIST HEALTH SYSTEM ADMINISTRATIVE TITLE: DETECTING FRAUD AND ABUSE AND AN OVERVIEW OF THE FEDERAL AND STATE FALSE CLAIMS ACTS
METHODIST HEALTH SYSTEM ADMINISTRATIVE Formulated: 6/19/07 Reviewed: Revised: Effective: 10/30/07 TITLE: DETECTING FRAUD AND ABUSE AND AN OVERVIEW OF THE FEDERAL AND STATE FALSE CLAIMS ACTS PURPOSE: Methodist
RECOMMENDATION. RESOLVED, That the American Bar Association adopts the Model Court Rule on Insurance Disclosure, dated August 2004.
Amended 08 RECOMMENDATION 2 RESOLVED, That the American Bar Association adopts the Model Court Rule on Insurance Disclosure, dated August 2004. Model Court Rule on Insurance Disclosure August 2004 2 3
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Criminal No.:
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Criminal No.: UNITED STATES OF AMERICA, ) ) Plaintiff, ) DEFERRED PROSECUTION ) AGREEMENT v. ) ) BIXBY ENERGY SYSTEMS, INC., ) ) Defendant. ) The United
Nebraska Ethics Advisory Opinion for Lawyers No. 91-3
Nebraska Ethics Advisory Opinion for Lawyers No. 91-3 I. AS COUNSEL FOR A PLAINTIFF, AN ATTORNEY MAY NOT ETHICALLY INTERVIEW PRESENT OR FORMER EMPLOYEES OF A DEFENDANT CORPORATION IF: (a) THE EMPLOYEES
What You Should Know About Your Workers Compensation Rights. KELLEY & FERRARO Attorneys at Law 888.839.8479
KELLEY & FERRARO Attorneys at Law 888.839.8479 What You Should Know About Your Workers Compensation Rights REGARDING OCCUPATIONAL DISEASES, INCLUDING EXPOSURE TO ASBESTOS AND OTHER TOXIC SUBSTANCES Kelley
[Cite as Cincinnati Bar Assn. v. Nienaber (1997), 80 Ohio St.3d 534.] Attorneys at law Misconduct Indefinite suspension Making affirmative
![[Cite as Cincinnati Bar Assn. v. Nienaber (1997), 80 Ohio St.3d 534.] Attorneys at law Misconduct Indefinite suspension Making affirmative](/thumbs/25/6581379.jpg "[Cite as Cincinnati Bar Assn. v. Nienaber (1997), 80 Ohio St.3d 534.] Attorneys at law Misconduct Indefinite suspension Making affirmative")
CINCINNATI BAR ASSOCIATION v. NIENABER. [Cite as Cincinnati Bar Assn. v. Nienaber (1997), 80 Ohio St.3d 534.] Attorneys at law Misconduct Indefinite suspension Making affirmative representations to courts
R. Scott Krause, Esq. Eccleston & Wolf, P.C. Hanover, Maryland
ETHICAL CONSIDERATIONS IN SURETY COUNSEL REPRESENTING PRINCIPAL IN PRINCIPAL S AFFIRMATIVE CLAIM AND SURETY COUNSEL SEEKING TO RECOVER A FIDELITY LOSS FROM A THIRD PARTY INVOLVING AN INSURED S SUBSTANTIAL
Indigent Defense Program County of Imperial Application for Indigent Defense Attorney Panel
Instructions for Level 3 Panel, Hourly Appointments: Indigent Defense Program Before submitting your application, please review the Criteria for Court Appointment of Indigent Defense on County s website
THE AMERICAN LAW INSTITUTE Continuing Legal Education. Estate Planning for the Family Business Owner
91 THE AMERICAN LAW INSTITUTE Continuing Legal Education Estate Planning for the Family Business Owner Cosponsored by the ABA Section of Real Property, Trust and Estate Law and the ABA Section of Taxation
AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS
AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS Definitions Adopted by the Michigan Supreme Court in Grievance Administrator v Lopatin, 462 Mich 235, 238 n 1 (2000) AInjury@ is harm to
JUVENILE JUSTICE SYSTEM
JUVENILE JUSTICE SYSTEM A delinquency petition is a court document alleging that a juvenile, between ages 10-16, has violated a law which would be a criminal offense if committed by an adult. Disposition
HOUSTON LAWYER REFERRAL SERVICE, INC. APPLICATION FOR MEMBERSHIP
HOUSTON LAWYER REFERRAL SERVICE, INC. APPLICATION FOR MEMBERSHIP The Houston Lawyer Referral Service, Inc. (HLRS) is a non-profit corporation sponsored by the Houston Bar Association, Houston Young Lawyers
KENTUCKY BAR ASSOCIATION RULES OF THE SUPREME COURT OF KENTUCKY PRACTICE OF LAW
KENTUCKY BAR ASSOCIATION RULES OF THE SUPREME COURT OF KENTUCKY PRACTICE OF LAW SCR 3.130(1.8) Conflict of interest: current clients; specific rules (a) A lawyer shall not enter into a business transaction
UNIFORM COLLABORATIVE LAW ACT S.B. 714: ANALYSIS AS ENACTED
UNIFORM COLLABORATIVE LAW ACT S.B. 714: ANALYSIS AS ENACTED Senate Bill 714 (as enacted) PUBLIC ACT 159 of 2014 Sponsor: Senator Tonya Schuitmaker Senate Committee: Judiciary House Committee: Judiciary
ISBA Advisory Opinion on Professional Conduct
ISBA Advisory Opinion on Professional Conduct ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the Opinions express the ISBA interpretation
(1) Purpose and Scope. This rule sets forth department policy as. to certain matters generally affecting public adjusters and public
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Florida Administrative Code 69B-220.051 Conduct of Public Adjusters. (1) Purpose and Scope. This rule sets forth department policy as to certain matters
LIMITED SCOPE REPRESENTATION
LIMITED SCOPE REPRESENTATION Section _.1 What is Limit Scope Representation Section _.2 Scope of Representation Rule 4-1.2(c) Section _.3 Communication Rule 4-1.2(e) Section _.4 Appearance and Withdrawal
Attorney Withdrawal: The Ins-and-Outs of Getting Out
Attorney Withdrawal: The Ins-and-Outs of Getting Out In a perfect world, every matter a lawyer handles for a client would come to a timely, successful, and profitable conclusion. Sometimes, however, it
http://www.xmission.com/~sgolding/publications/sgfp.htm
Page 1 of 12 SPECIALTY GUIDELINES FOR FORENSIC PSYCHOLOGISTS Committee on Ethical Guidelines for Forensic Psychologists Division 41 American Psychological Association March 9, 1991 Introduction The Specialty
Deficit Reduction Act of 2005 6032 Employee Education About False Claims Recovery
DMH S&P No. 1 Revision No. N/A Effective Date: 01/01/07 COMPLIANCE STANDARD: Deficit Reduction Act of 2005 6032 Employee Education About False Claims Recovery BACKGROUND AND PURPOSE As stated in its Directive
Information For Defendants About Getting A Court-Appointed Attorney
Information For Defendants About Getting A Court-Appointed Attorney If you are charged with a criminal offense and cannot afford to hire an attorney, you are entitled to a court-appointed attorney. May
Peter Tom, Justice Presiding, Angela M. Mazzarelli Eugene Nardelli Luis A. Gonzalez Bernard J. Malone, Jr., Justices.
SUPREME COURT, APPELLATE DIVISION FIRST JUDICIAL DEPARTMENT Peter Tom, Justice Presiding, Angela M. Mazzarelli Eugene Nardelli Luis A. Gonzalez Bernard J. Malone, Jr., Justices. ---------------------------------------x
A summary of administrative remedies found in the Program Fraud Civil Remedies Act
BLACK HILLS SPECIAL SERVICES COOPERATIVE'S POLICY TO PROVIDE EDUCATION CONCERNING FALSE CLAIMS LIABILITY, ANTI-RETALIATION PROTECTIONS FOR REPORTING WRONGDOING AND DETECTING AND PREVENTING FRAUD, WASTE
OPINION 2014-2 Issued August 8, 2014. Imputation of Conflicts in a Part-Time County Prosecutor s Law Firm
BOARD OF COMMISSIONERS ON GRIEVANCES & DISCIPLINE 65 SOUTH FRONT STREET, 5 TH FLOOR, COLUMBUS, OH 43215-3431 Telephone: 614.387.9370 Fax: 614.387.9379 www.supremecourt.ohio.gov DAVID E. TSCHANTZ CHAIR
Program Summary. Child Welfare Law Attorney Specialty Certification. National Association of Counsel for Children
National Association of Counsel for Children Child Welfare Law Attorney Specialty Certification Program Summary Child Welfare Attorney Specialization is a program of the National Association of Counsel
ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES
ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES (a) Mission: The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce
KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-425 Issued: June 2005
KENTUCKY BAR ASSOCIATION Ethics Opinion KBA E-425 Issued: June 2005 Since the adoption of the Rules of Professional Conduct in 1990, the Kentucky Supreme Court has adopted various amendments, and made
Legal Ethics: THE LAWYER S ROLE WHEN SOMETHING GOES WRONG
THE PRACTICING LAW INSTITUTE: FINANCIAL SERVICES INDUSTRY REGULATORY COMPLIANCE & ETHICS FORUM 2014 Legal Ethics: THE LAWYER S ROLE WHEN SOMETHING GOES WRONG October 29, 2014 Lawyers As Whistleblowers
Louisiana State Bar Association Rules of Professional Conduct Committee
Louisiana State Bar Association Rules of Professional Conduct Committee 1 April 3, 2007 Identification of a Law Practice - Fictitious or Trade Names; Multiple Business Identities An identifying name used
AMERICAN BAR ASSOCIATION
AMERICAN BAR ASSOCIATION STANDING COMMITTEE ON CLIENT PROTECTION SECTION OF FAMILY LAW NATIONAL ORGANIZATION OF BAR COUNSEL STATE BAR OF NEW MEXICO VIRGINIA STATE BAR WASHINGTON STATE BAR ASSOCIATION STANDING
HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act
PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the
Information for Worker s Compensation Clients
Information for Worker s Compensation Clients Overview of the Worker s Compensation Act Indiana Worker s Compensation cases are governed by a State law known as the Worker s Compensation Act. The legislature
Bylaws of the Lawyer-Client Fee Dispute Resolution Committee of the Cleveland Metropolitan Bar Association. Enacted November 18, 2015
Bylaws of the Lawyer-Client Fee Dispute Resolution Committee of the Cleveland Metropolitan Bar Association Enacted November 18, 2015 Preamble and Purpose 1.) Background. Under Rule V, Section 5 of the
Nebraska Ethics Advisory Opinion for Lawyers No. 92-2
Nebraska Ethics Advisory Opinion for Lawyers No. 92-2 A LAWYER MAY REPRESENT A CRIMINAL DEFENDANT IN A CASE IN WHICH THE ATTORNEY'S SPOUSE WAS EMPLOYED BY THE SHERIFF'S DEPARTMENT IF NO ACTUAL CONFLICT
Texas Environmental, Health and Safety Audit Privilege Act
Texas Environmental, Health and Safety Audit Privilege Act SCOTT D. DEATHERAGE PARTNER G A R D ERE WYNNE SEWELL, DALLAS S D EATHERAGE@GARDERE.COM Legislation Texas Environmental, Health and Safety Audit
CHAPTER 20. FLORIDA REGISTERED PARALEGAL PROGRAM 20-1. PREAMBLE. The purpose of this chapter is to set forth a definition that must be met in order to
1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 CHAPTER 20. FLORIDA REGISTERED PARALEGAL PROGRAM 20-1. PREAMBLE Rule 20-1.1.
UPDATES TO ETHICAL ISSUES FOR TRUST AND ESTATE LAWYERS New and Revised Rules of Professional Conduct on the Way (We think!)
34th Annual Trust and Estate Conference - USC Gould School of Law UPDATES TO ETHICAL ISSUES FOR TRUST AND ESTATE LAWYERS New and Revised Rules of Professional Conduct on the Way (We think!) INTRODUCTION
Compliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures
CATHOLIC CHARITIES OF THE ROMAN CATHOLIC DIOCESE OF SYRACUSE, NY and TOOMEY RESIDENTIAL AND COMMUNITY SERVICES Compliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures Purpose:
CHAPTER 20. FLORIDA REGISTERED PARALEGAL PROGRAM 20-1. PREAMBLE RULE 20-1.1 PURPOSE
CHAPTER 20. FLORIDA REGISTERED PARALEGAL PROGRAM 20-1. PREAMBLE RULE 20-1.1 PURPOSE The purpose of this chapter is to set forth a definition that must be met in order to use the title paralegal, to establish
NATIONAL BOARD FOR CERTIFIED COUNSELORS (NBCC) CODE OF ETHICS
PREAMBLE NATIONAL BOARD FOR CERTIFIED COUNSELORS (NBCC) CODE OF ETHICS The National Board for Certified Counselors (NBCC) provides national certifications that recognize individuals who have voluntarily
New Jersey Physician Recredentialing Application (Please type or print)
New Jersey Physician Recredentialing Application (Please type or print) All sections must be completed fully or clearly marked as not applicable. No area should be left blank. SECTION 1 Personal Information
ETHICS OPINION 112314
ETHICS OPINION 112314 Facts: Three Scenarios: 1. Attorney represents a client through a bankruptcy. After the bankruptcy is complete, the client returns to the attorney for work on a different matter.
Supreme Court of the United States
No. 11-1197 ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- VERNON HADDEN,
Rule 3.3: Candor Toward the Tribunal
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct Rule 3.3: Candor Toward the Tribunal (a) A lawyer shall not knowingly: (1) make a
SUMMARY OF SETTLEMENT. This notice explains the lawsuit, the settlement, your rights and the potential distribution of settlement funds.
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SOLANO Lori Davis, Michelle Smith and Paul Stockman, on behalf of themselves and all others similarly situated and on behalf of the general public,
Legal Matters - Ethics and Expected Changes to Circular 230 Federal Bar Association
Ethics and Expected Changes To Circular 230 Federal Bar Association 25th Annual Insurance Tax Seminar May 30, 2013 Fred Murray, Managing Director, Grant Thornton, LLP (moderator) Richard Goldstein, Special
Consumer Legal Guide. Your Guide to Hiring a Lawyer
Consumer Legal Guide Your Guide to Hiring a Lawyer How do you find a lawyer? Finding the right lawyer for you and your case is an important personal decision. Frequently people looking for a lawyer ask
OFFICE OF THE DISTRICT ATTORNEY Third Judicial District Of Kansas Chadwick J. Taylor, District Attorney
OFFICE OF THE DISTRICT ATTORNEY Third Judicial District Of Kansas Chadwick J. Taylor, District Attorney Shawnee County Courthouse Fax: (785) 251-4909 200 SE 7th Street, Suite 214 Family Law Fax: (785)
A Bill Regular Session, 2015 SENATE BILL 830
Stricken language would be deleted from and underlined language would be added to present law. State of Arkansas 90th General Assembly A Bill Regular Session, 2015 SENATE BILL 830 By: Senator D. Sanders
AHLA. S. Rules of Engagement: Legal Ethics Issues in Today s Government Investigations. William W. Horton Jones Walker LLP Birmingham, AL
AHLA S. Rules of Engagement: Legal Ethics Issues in Today s Government Investigations William W. Horton Jones Walker LLP Birmingham, AL Institute on Medicare and Medicaid Payment Issues March 26-28, 2014
If It Looks Like A Parrot, Walks Like A Penguin, And Quacks Like A Duck It May Be An --
Of Counsel If It Looks Like A Parrot, Walks Like A Penguin, And Quacks Like A Duck It May Be An -- Del O'Roark, Loss Prevention Consultant, Lawyers Mutual Insurance Co. of Ky. KBA Bench & Bar, Vol. 63