Scholarly Articles & Institutional Publications

Excerpt: “After several years of work, in May 2012, the American Bar Association Commission on Ethics 20/20 (‘Ethics 20/20’) presented proposals for updating the Model Rules of Professional Conduct (‘Model Rules’) ‘to keep pace with social change and the evolution of law practice.’ The American Bar Association (‘ABA’) created Ethics 20/20 in 2009 ‘to tackle the […]

2013 Journal of   the Professional Lawyer 85 (2013) The full text can be downloaded at: http://papers.ssrn…

The full text is available at: http://www.ibanet…

19 Rich. J.L. & Tech 11 (2013), available at http://jolt.richmond.edu/v19i3/article11.pdf   From the Article: “As the newest pillar of communication in today’s society, social media is revolutionizing how the world does business, discovers and shares news, and instantly engages with friends and family.  Not surprisingly, because social media factors into the majority of cases in some […]

South Carolina Lawyer 10 (March 2013) Author discusses various aspects involved when lawyers leave a firm. He suggests the drafting of partnership agreements to reduce the possibility of disputes and describes the clauses that should be included therein. The full text of part II is available at: http://www.nathancrystal…

From the text: “The goal of these guidelines is to promote the development of quality legal web sites and to provide guidance to legal web site developers. The purpose of the guidelines is to establish “best practices” for both lawyers and other web site providers who offer legal information, documents and other services to the public, but the […]

The full text is available at: http://www.americanbar…

South Carolina Lawyer 8 (January 2013) Originally published as Ethics Watch: The Year in Review (2012), South Carolina Lawyer 8 (January 2013) Author reviews the most important developments in technology and ethics around the country in 2012: (i) Advertising – legal information websites; (ii) Advertising – misrepresentation on websites; (iii) Attorney-client relationship – formation and obligations […]

In Formal Opinion 01-422, the ABA Committee withdrew Opinion 337 and took a more generous view of recording by lawyers. The Committee decided that secret recording was not necessarily dishonest. The Committee cautioned lawyers that they could not engage in secret recording that violated the law of the jurisdiction where the recording occurred, nor could […]

The full text can be downloaded at: https://thesedonaconference…