Lawyers question logic of attorney testimony case

Law firm not disqualified, but referred to the VSB

By Deborah Elkins
Published: August 9, 2012
Tags: Ethics, Federal Courts, Judge F. Bradford Stillman, Virginia State Bar

A Norfolk law firm violated ethics rules when it simultaneously represented two clients who were in adverse legal positions, a U.S. magistrate judge in Norfolk has held. The judge said he found no prejudice in the current case and would not disqualify the firm. He did, however, refer the matter to the Virginia State Bar. [...]

Sticking to the script: Ethics issues can arise with metadata mining

By Deborah Elkins
Published: July 23, 2012
Tags: Corporate Counsel, Ethics, Technology

Electronic documents can tell a tale at odds with the surface script, and dealing with “metadata” can present temptations to corporate counsel when an email hits the wrong person’s inbox. Metadata includes the hidden information that describes the history, tracking or management of an electronic document. Sometimes metadata revelations are merely embarrassing. During the recent [...]

Business cards: Follow the ethics rules when ordering

By Correy E. Stephenson
Published: June 21, 2012
Tags: Ethics

Even something so seemingly innocuous as a business card can present ethical issues for attorneys. For example, although the commonwealth of Virginia doesn’t specifically reference business cards in the Rules of Professional Conduct, lawyers have been cited for inappropriate use of cards, said James M. McCauley, ethics counsel with the Virginia State Bar. In one [...]

Lawyer can blog about cases, with disclaimer

By Deborah Elkins
Published: June 6, 2012
Tags: Ethics, Judge Kenneth R. Melvin, Virginia State Bar

A lawyer did not violate ethics rules when he wrote about his cases on the Internet without client consent, a three-judge panel said on June 5. The panel overturned a disciplinary committee’s finding of misconduct under Rule 1.6, which governs confidentiality of information. Portsmouth Circuit Court Judge Kenneth R. Melvin announced the decision for the [...]

Doctor discipline cases can challenge lawyer ethics

By Deborah Elkins
Published: May 23, 2012
Tags: Ethics, Virginia Bar Association

A doctor hires a lawyer to represent the doctor on disciplinary charges before the Virginia Board of Medicine. A former patient claims the doctor had a sexual relationship with a second patient. The doctor is a little dodgy. He indicates the board’s inquiries may have some factual basis. But the board doesn’t ask the right [...]

‘Professionalism’ for the ‘ethical’ lawyer

By Dolan Media Newswires
Published: February 24, 2012
Tags: Ethics

Most lawyers use the words “professional” and “ethical” as synonyms for some vaguely defined “good” lawyer behavior. However, the concepts are really quite different, and lawyers hoping to act “professionally” sometimes must examine the ethics rules for permission to do so. As a matter of ethics, as well as fiduciary and other principles, lawyers must [...]

Bill seeks bar membership for law profs, court won’t block

By Peter Vieth
Published: January 12, 2012
Tags: Ethics, General Assembly, Supreme Court of Virginia News, Virginia Bar Association, Virginia State Bar

Some Virginia law professors would be eligible to practice law even though they have not passed the bar exam under a bill introduced at the General Assembly. The proposal has been advanced by Washington & Lee University law Prof. A. Benjamin Spencer with the backing of the Virginia State Bar Council and several statewide bar [...]

Representing unpopular clients: What are the ethics?

By Dolan Media Newswires
Published: November 11, 2011
Tags: Ethics

The U.S. House of Representatives isn’t what most lawyers would usually think of as an “unpopular client,” but recently the law firm of King & Spalding was pressured into dropping its representation of that body in a lawsuit over the Defense of Marriage Act. Just six days later, the American Bar Association celebrated Law Day, [...]

VSB won’t change rules on ‘advertising material’

By Peter Vieth
Published: October 25, 2011
Tags: Ethics, Rules of Professional Conduct, Virginia State Bar

WINCHESTER–A proposal to drop the requirement for an “advertising” label on lawyer solicitation letters went down to defeat at a meeting of the Virginia State Bar Council this month, but not without a spirited debate. At issue: lawyers sending letters to people charged with traffic violations or injured in accidents. Currently, the Rules of Professional [...]