Paragon Blog

ABA Formal Opinion 476: The Duty to Protect Client Confidentiality in Motions to Withdraw in Civil Matters Based on Unpaid Legal Fees

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Recently, the American Bar Association Standing Committee on Ethics and Professional Responsibility issued ABA Formal Opinion 476 in which it gave guidance to lawyers concerning motions to withdraw based on unpaid legal fees in civil matters.

In the attached article, “American Bar Association Formal Opinion 476—The Duty to Protect Client Confidentiality in Motions to Withdraw in Civil Matters Based on Unpaid Legal Fees,” Gilda Russell, a Paragon Preferred Service Provider, discusses ABA Formal Opinion 476 and the multi-step approach it sets forth for lawyers who bring such motions.

We hope that the article — which is included in Paragon’s blog “Policy-Wise” — is helpful to you.  To access the article, press here:

“PROFESSIONAL MISCONDUCT—KNOWINGLY ENGAGING IN HARASSING OR DISCRIMINATORY CONDUCT RELATED TO THE PRACTICE OF LAW,”

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“PROFESSIONAL MISCONDUCT—KNOWINGLY ENGAGING IN HARASSING OR DISCRIMINATORY CONDUCT RELATED TO THE PRACTICE OF LAW,”

Recently, the American Bar Association adopted a new Model Rule of Professional Conduct, ABA Model Rule 8.4(g), which makes a lawyer’s knowing engagement in discriminatory or harassing conduct related to the practice of law professional misconduct.   The Model Rule, together with similar ethics provisions adopted in at least half of state jurisdictions, create risk management issues for law firms and their lawyers.

In the attached article, PROFESSIONAL MISCONDUCT—KNOWINGLY ENGAGING IN HARASSING OR DISCRIMINATORY CONDUCT RELATED TO THE PRACTICE OF LAW,” included in Paragon’s blog “Policy-Wise,” Gilda T. Russell, a Paragon Preferred Service, discusses Model Rule 8.4(g), its history and scope.

We hope that the article is helpful to you.  To access the article, press here

Risk Management – Recent Disqualification Decisions

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Two recent disqualification decisions are of interest from a risk management perspective. They are Bryan Corp. v. Abrano, 574 Mass. 504 (June 2016), decided by the Massachusetts Supreme Judicial Court, which concerned disqualification based on concurrent representation conflicts of interest in the closely held corporate context, and Raffaeli v. Raffaeli, 2016 WL 3070042, No. 2089/2013 (N.Y. Sup. Ct. June 1, 2016), decided by the New York Supreme Court (Westchester County), which concerned imputed disqualification on account of paralegal movement between firms adverse in litigation. notwithstanding the use of screening measures.

Gilda Russell, one of our Preferred Providers, reviews these important cases for the Paragon Blog “Policy-Wise” in the attached article “Recent Disqualification Decisions:  Concurrent Representation in Closely Held Corporate Context and Paralegal Movement Between Adverse Firms.” We hope that the article will be of interest to you. To review the article, click here.


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