Questions tagged [professional-ethics]
The professional-ethics tag has no usage guidance.
65
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6
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1answer
2k views
Why did Christopher Tran warn Judge Kelly about the Minister for Immigration's power to cancel Djokovic's visa?
I find this detail in the recent Novak Djokovic's Australian visa saga quite interesting.
On Monday, 10 January 2022, when Judge Kelly delivered his decision to reinstate Djokovic's visa, Christopher ...
1
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0answers
47 views
Would this constitute commingling of funds?
Question about IOLA accounts (IOLA = Interest on Lawyer Account Fund, see iola.org/about-iola). (IOLA is called IOLTA in some states.)
Our client has to pay restitution to Walmart. It has taken me ...
13
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2answers
1k views
Why do solicitor advice procedure regulations require collection of landlord details at client intake when solicitors advise on tenancy issues?
I've been informed by a law firm that they are required by national regulations of the solicitors' authority to collect a landlord's name and address (not the address of the property in question, but ...
2
votes
2answers
141 views
Are there any legal requirements or regulations for a private university to prohibit sexual relationships between faculty and students?
Hypothetically speaking, could a private university in the USA not prohibit consensual sexual relations between students and faculty because their policy did not include it or the wording in said ...
1
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1answer
71 views
UK house purchase lawyer not answering timeline/status questions
In the process on buying a property and apparently there is a mistake in the lease document and it has to be amended. Also I asked several time if there are other things to do in order to close the ...
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1answer
73 views
About protecting the time and energy of a startup team against the irresponsibility of academic growth centers or private accelerators [closed]
I have seen some rejection about my and other startups project form the Startup accelerator or Academic incubator, which is taking the team's works and energy.
For example, I have one green startup ...
-3
votes
2answers
62 views
Legal Ethics: Government lawyers giving legal advice & ABA rule 4.3?
I submitted a request for information to a government agency and got back an answer from a lawyer that seems to constitute legal advice prohibited under DC bar rule 4.3. Would a government (law ...
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4answers
211 views
How do defence lawyers get away with saying "he didn't do it" when they only can prove the uncertainty that he did?
Following various criminal trials (like this one) I often see defence lawyers claim that the defendant unequivocally did not commit the crime whereas they do not actually present (or claim to have) ...
2
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0answers
96 views
How can a US lawyer ethically work in the cannabis industry?
I live in California and I have seen ads for "cannabis attorneys" who specialise in helping the "legal" (under state law) cannabis industry/business (they often have names and ...
3
votes
3answers
527 views
Does putting a dollar in a lawyer's pocket entitle you to attorney client privilege (like Saul Goodman from breaking bad)
Breaking Bad Season 2 Episode 8, Saul Goodman tells Walt and Jesse (who just kidnapped him) to put a dollar in his pocket so they'll have attorney-client privilege.
first things first you're gonna ...
0
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1answer
63 views
Standards for legal professionals responding promptly to clients?
As an example, The Rules of Professional Conduct for the Supreme Court of Pennsylvania state:
1.4 Communication
(a) A lawyer shall:
...
(4) A lawyer should promptly respond to or acknowledge client ...
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1answer
63 views
Developing similar apps, games, etc. on Google Play Store or App Store
I am planning to develop similar apps, games, etc., which may free or non-free, on Google Play Store or App Store and to earn money with methods such as ads, sale on same stores, etc.
To be clearer I'...
6
votes
3answers
148 views
How does lawyers' duty of fidelity to court work?
Rules of conduct and client care for lawyers say in Chapter 13:
The overriding duty of a lawyer acting in litigation is to the court
concerned. Subject to this, the lawyer has a duty to act in the ...
8
votes
1answer
1k views
"Does not put forward a case inconsistent with the confession" of guilt
In New Zealand, duties of defence lawyers require them to "not put forward a case inconsistent with the confession" if the defendant confesses his/her guilt to them (13.13.2(a)).
What ...
2
votes
1answer
34 views
Can a lawyer be charged with Custodial interference pursuant to ARS 13-1302?
The law is stated here
If a lawyer or a nonlawyer provides legal advice to family member, advocating they take a child out of state, without filing an order of protection, an emergency order, petition ...
0
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0answers
49 views
Special treatment for LE family member?
Is preferential treatment illegal? If LE can employ a judgement call into decision making, are there established limits?
3
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2answers
283 views
Lawyer knows trial is hopeless but tells client they can win
(Hypothetical)
Rob is charged with a crime. His lawyer, upon receiving discovery, realises that they are very unlikely to win the trial if they plead not guilty, that the best course of action for Rob ...
1
vote
3answers
179 views
How friendly are learned friends supposed to be during court breaks?
In a courtroom, just when everyone arrives before the hearing, how common or expected is it for the opposing lawyers to shake hands (covid aside) and have small talk pretending (or really being) ...
2
votes
1answer
74 views
Besides politics, is there a reason that William Barr has not faced any disciplinary action?
For reference, my background is a professional engineer and within this field we're beholden to a code of ethics that obligates certain duties paramount regardless of the law. Periodically, the ...
2
votes
2answers
61 views
Is there a difference in a lawyer's culpability between "negative" and "positve"malpractice?
By "negative" malpractice, I mean sins of omission, such as missing a deadline, or omitting a key document from a filing.
By "positive" malpractice, I mean a sin of commission, ...
0
votes
2answers
82 views
23&me used in criminal investigations?
...Ok not literally.
But 23 & me analyses your DNA and can tell you roughly where your genetics are from and in particular, could point towards a particular race of person.
We know that DNA ...
1
vote
1answer
83 views
Is it an ethics violation for an attorney in one state to send a confidential email to their client, an unlicensed attorney& the opposing counsel?
If the content of this email specifically shows the licensed lawyer telling the unlicensed lawyer that "obtaining [the father's] past employment files for child support purposes is an option.&...
0
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0answers
41 views
Am I obligated to chase after someone to pay them? [duplicate]
We hired a tree removal service to remove some trees from our property. The bill was paid for by the solar company that installed our solar service. The solar company sent us a check for the tree ...
3
votes
1answer
101 views
In Washington state must a doctor report things that happened in the past?
Are Washington state's mandated reporting requirements triggered if a doctor discovers that their adult patient had been abused in the past? What if there are no longer any 'protected populations' at ...
0
votes
2answers
139 views
Examples of Unethical Experimental Studies
I am teaching ethics in a statistics class. I am looking for examples when deceptive statistical evidence was caught or attempted to be used.
For example, is there an example of a party who had ...
0
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1answer
63 views
Can a person secure an entity's former employee to act as an expert witness against them?
In federal court, is there any ethical or evidentiary rule that prohibits a person from using that entity's former employee as an expert witness against them?
For context, I would like to use a ...
1
vote
1answer
208 views
Job interview presentation about patented work by previous employer
In the interview process of some tech companies there is a time slot allocated for a presentation to the members of the team, which is expected to be about a topic you have directly worked on.
Some ...
22
votes
1answer
6k views
A sitting judge is claiming to represent a client against me. Should I file a bar complaint?
We recently had to fire an employee for cause. After we sent an email to the former employee asking for a password to an account that belonged to the business, we received a reply from a person who ...
1
vote
1answer
54 views
What role, if any, would unethical behavior play in a malpractice case?
My understanding, as a layman, is that a lawyer need not obtain the "best" or optimal result for a client, only a "reasonable" result. In academic terms, a lawyer need not earn an "A." A "C" is ...
2
votes
1answer
110 views
Why are lawyer referral fees considered "unethical?"
According to this article the Avvo lawyer referral program was ruled unethical.
the Avvo website offers an impermissible referral service, in violation of Rules of Professional Conduct 7.2(c) and 7.3(...
0
votes
1answer
57 views
Ethics question when a possible crime is involved in litigation
The simple background is that someone has misspent some money that they weren't really authorized for. We are gearing up and may soon be plaintiffs and this person will become a defendant.
The ...
0
votes
1answer
57 views
Canadian Lawyer Ethics
In Canada/Ontario, lawyers are bound by the Law Society of Upper Canada. Is there some specific statute/law/code that one can cite that prevents lawyers from harassing clients of the other party in ...
1
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1answer
91 views
What bar ethics restrictions are there on lawyers commenting on current legal cases?
In the United States, what bar ethics restrictions are there on lawyers publicly commenting on ongoing legal cases in which they represent no parties? Since different state bars might have different ...
0
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1answer
174 views
Cross examination ethics
Due to an ongoing case, I was wondering the following.
Can any complaint be made if a barrister suggests something plainly absurd (e.g. the witness made it up when there is CCTV evidence) and also ...
1
vote
2answers
112 views
Is it possible to request a copy of my client file from the public defender and district attorney office?
I have a disposition hearing for a new case and I would like to present evidence, particularly from conversations between my public defender and my doctor and the DA and my doctor, from an old case. ...
2
votes
2answers
75 views
AR Code § 21-8-402 (2018)
I am concerned the wording that appears in 21-8-402 5.B.vii may be too vague.
Included below for your convenience.
(vii)
(a) Anything with a value of one hundred dollars ($100) or less.
(...
0
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0answers
52 views
Ex-parte communication between a Judge and Prosecutor - ethical breach or canon violation?
I was the defendant in a case and had the strange feeling that the Judge and Prosecutor were very friendly.
After the hearing and verdict (not in my favor) I found online, that while the case was ...
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0answers
45 views
Does a GP sending patient info to a hospital without asking for consent violate medical ethics?
So, let’s say that you went to a General Practitioner (GP) about some pain, got some tests done, and they told you that you were fine; all the tests came back normal.
Then, some time later, they look ...
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votes
1answer
93 views
what if two words in a law or act are being used but are contradictory? [closed]
specifically within the adam walsh act, in florida, it allows the ICAC to enact "proactive investigations" and this is how they avoid being pursued for entrapment.
Blacks law definitions
What is ...
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0answers
59 views
A company finds out that it has made a material decision based on incorrect personal data, what should it do?
A company terminates an employee based on what it believes to be a record of the actions of person gained from log files.
Months later the company finds out that this information is not correct.
...
8
votes
6answers
943 views
Can a lawyer subject the court to a (temporarily) ruse for a legitimate purpose?
This question is about the legality of a possible defence tactic that might be used in a criminal trial. It is a variation on things you see in lawyer movies fairly commonly. Suppose that a criminal ...
1
vote
1answer
50 views
What is the scope of Interpreter code of ethics coming into play in future congresional investigations?
It has been in the news lately that the President has had a number of private head ups with Putin. On the news someone suggested (Don't remember if it was a congress person or the newscaster), that ...
3
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1answer
206 views
Lawyer forgot to file the paperwork and now has no case: what to do?
A close friend of mine had a legitimate suit against a large business. He was directly harmed, the business was caught and punished (for harming him and many other clients), and my friend joined a ...
3
votes
1answer
70 views
Do threats against an attorney constitue a conflict of interest?
When an attorney is considering handling a case, and receives off-the-record threats against his(/her) life, property, family, professional future, etc., is it ethical for the attorney to simply tell ...
2
votes
2answers
290 views
At what point is a lawyer's actions considered "bad faith" and is there recourse for punishment?
I have been dealing with a lawyer for a payment dispute with an old employer. The lawyer in question has been doing some questionable things and I am not sure which ones would be considered 'over the ...
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3answers
96 views
Must a professional services firm replace a worker at the client's request?
If a taxpayer has particularly bad "personal chemistry" with an auditor of the Internal Revenue Service (IRS), the IRS will replace the "agent" with another one. Now one can't make this request ...
0
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1answer
242 views
What if a lawyer steals my idea and doesn't do the work?
I'm working on a tech startup that involves a specific industry.
Because the industry is regulated, I decided to get a lawyer to sign off on my system and tell me whether I would need to change ...
3
votes
1answer
235 views
In the US: Would it be illegal (maybe fraud) for a musician to fake their own death?
I heard about someone who had to do with recording a Jerry Garcia solo album but he died right before it came out and this guy made TONS of money off of it. The Beatles also got a lot of attention ...
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2answers
266 views
How do rules of conduct apply when acting in a pro hac vice role in another state?
A lawyer's client sent me a mild threat via text message. I have contacted the attorney on 4 separate occasions requesting an explanation/response from the attorney. They have not responded. Are there ...
0
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2answers
80 views
a non-law firm almost all whose work is by its in-house lawyers
In the United States, a law firm (companies whose remit is to practice law) has various restrictions. For example, in Missouri, if I'm not mistaken, it must be owned by a lawyer and is restricted as ...
