ABA Remote Work Guide Raises Bar For Atty Tech Know-How By
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Avoiding Materially Adverse Conflicts After New ABA Opinion
Law360 (February 18, 2021, 3:32 PM EST) On Feb. 10, the American Bar Association s Standing Committee on Ethics and Professional Responsibility published ABA Opinion 497, which provides long-needed guidance on what constitutes materially adverse interests between clients.[1]
Rules 1.9(a) and 1.18(c) of the ABA Model Rules of Professional Conduct prohibit a lawyer from representing a current client with interests that are materially adverse to those of a former or prospective client on the same or substantially related matter. [2] While the prohibition is clear, neither rule nor the accompanying comments explains what constitutes materially adverse interests.[3]
In an ethics opinion issued on January 13, 2021, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility has provided guidance to practitioners on.
January 27, 2021 at 3:53 PM
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A few weeks ago, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility released Formal Opinion 496 where they discuss how a lawyer can ethically respond to negative online reviews. Prior to this, it was generally understood that a lawyer shall not disclose confidential information under the attorney-client relationship to respond to a negative online review. The committee agreed.
The opinion cites to the relevant ABA Rule stating that a lawyer may reveal confidential information to establish a defense in a controversy between the lawyer and the client or to respond to allegations in any proceeding concerning the lawyer’s representation of the client.
ABA Approves Remote Practice, But Questions Remain By
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