Several attorneys have asked the WSBA Ethics Line whether they can offer services in areas that are new to them. The primary ethical principle to consider before you offer any service is competence.
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When lawyers hear the phrase “unauthorized practice,” they usually think of RPC 5.5(a): “A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.” In addition to the professional rule, however, the unauthorized practice of law is also a crime.
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You probably know that the WSBA Office of Disciplinary Counsel (ODC) investigates and prosecutes legal professionals who violate the ethical rules. What you may not know is that, in some instances, legal professionals must report their own misconduct or other information to ODC.
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An Oregon lawyer was recently suspended over the content of his responses to negative online reviews.
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Recently, several legal professionals have called the WSBA Ethics Line to ask about their ethical obligations if they’ve been let go from their job. Here is a snapshot of your ethical obligations any time you leave a firm
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Pursuant to the governor’s orders, many are working remotely. Your ethics obligations remain the same. Here’s a rundown of the basics:
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We’ve seen it time and time again: Scammers preying on fear and panic. It’s an old and, sadly, often effective trick. When individuals are emotional, they’re more likely to go against their better judgment.
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Should you represent a witness in the same case in which you are representing a party? Mark Fucile examines Alaska Bar Association’s opinion.
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Ethics Guru Mark Fucile examines a recent Supreme Court ruling that an elected prosecutor’s entire office is disqualified to litigate in cases the prosecutor tried prior to election.
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In a case of first impression, the Idaho Supreme Court recently held that fee disgorgement is available as a remedy against a lawyer for breach of fiduciary duty even if there are no resulting damages.
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In the privilege context, “functional employees” are not directly employed by a corporation but are sufficiently integrated into a company’s operations that some federal courts, including the 9th Circuit and Washington’s federal district courts, have concluded that they fall within the corporation’s attorney-client privilege.
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A majority of the Supreme Court’s Mandatory Continuing Legal Education Board voted to send a recommendation for a suggested amendment to Admission and Practice Rule 11 to the Board of Governors.
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Washington’s Court of Appeals recently issued a significant decision applying a new standard for former client conflicts in the disqualification context.
Read More… In a case of first impression in Washington, the Supreme Court held that former in-house counsel can sue their employers for wrongful discharge. Karstetter v. King County Corrections Guild was before the Supreme Court after the trial denied a defense motion to dismiss and the Court of Appeals later reversed the ruling. The initial pleadings framed the narrow legal issue before the Supreme Court.
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Mark Fucile explains the Supreme Court’s analysis of RPC 3.7. RPC 3.7(a), which generally prohibits a lawyer from acting “as advocate at a trial in which the lawyer is likely to be a necessary witness.”
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Get the latest updates on ethics amid new challenges to the rule of law. And take advantage of the last chance to save on related on-demand CLEs.
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