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Showing 4 posts from April 2015.

The Do's and Don’ts of Waivers

Obtaining waivers is often essential to bringing in work, maintaining peaceful relationships with your clients and past clients, and avoiding lawsuits and disciplinary proceedings. Knowing a waiver is required is half the battle, though. What are the steps to obtaining a waiver and ensuring that it's sufficiently documented to protect all involved? More ›

Don't hit Delete on that Embarrassing Photo just Yet

In the age of technology, lay persons and attorneys alike all question what can and cannot be used and what can and cannot be done with regard to social media pre-litigation. Recently, in Florida, the Florida Bar issued Proposed Advisory Opinion 14-1 regarding "the ethical obligations on advising clients to 'clean up' their social media pages before litigation is filed to remove embarrassing information that the lawyer believes is not material to the litigation matter." More ›

Ethical Issues for Aging Lawyers

There is no mandatory retirement age for lawyers in any State's version of the ABA Rules of Professional Conduct and it is not unethical to continue to practice law simply because the lawyer reaches a certain age. Aging lawyers and their partners need to be aware, however, that there are ethical implications to lawyers who have a diminished mental or physical capacity. More ›

New York’s Non-Resident Office Rule: The end is Near

Like many jurisdictions, New York historically required that attorneys practicing in the state but residing outside its borders have a physical office in the state. New York’s non-resident office rule is one of exceptionally long vintage; it was first enacted in 1862, and authorized service of process on a nonresident attorney at his or her office in the state. Although the portion of the rule authorizing service of process was excised in 1909, the office rule remained on the books and virtually unchanged for more than a century. The statute, codified at § 470 of the N.Y. Judiciary Law, provides that “A person, regularly admitted to practice as an attorney and counsellor, in the courts of record in this state, whose office for the transaction of law business is within the state, may practice as such attorney or counsellor, although he resides in an adjoining state.” More ›