Source: Opinion: As the Giuliani Case Goes Forward, Courts Should Think Deeply About the First Amendment
By Bruce Green (Fordham) and Rebecca Roiphe (New York Law)
Washington Post – June 27, 2021
Month: June 2021
Clients with diminished Capacity – Proposed formal opinion – California State Bar invites comments
From the digest:
In representing a client with diminished capacity, a lawyer must sometimes make difficult judgments relating to the client’s capacity. Provided that such judgments are informed and disinterested, they should not lead to professional discipline.
When the lawyer reasonably believes that the client’s diminished capacity exposes the client to harm, the lawyer may seek the client’s informed consent to take protective measures. If the client cannot or does not give informed consent, the lawyer may be unable to protect the client against harm. A lawyer representing a competent client who may later become incapacitated may propose to the client that the client give advanced consent to protective disclosure in the event that such incapacity occurs. If appropriately limited and informed, such a consent is ethically proper.
NJ: Non-Legal Companies Offering Legal Services to Customers Engage in Unauthorized Practice; Lawyers Providing Legal Services to Company’s Customers Violate RPCs – Joint UPL/ACPE Opinion – UPL Opinion 58/ACPE Opinion 740 –
Two Committees of the New Jersey Supreme Court have barred a non-lawyer owned company that “matches” clients to lawyers who will represent them regarding traffic violations. The Advertising Committee itself has disciplinary authority and the Advisory Committee on Professional Ethics published opinions compel compliance by any attorney practicing in the state, subject only to discretionary review by the Court itself. – GWC
“Price lists for client leads” likely violate bar on referral fees: NJ Supreme Court Committees
A Joint Opinion of two committees of the Supreme Court of New Jersey sharply cautions lawyers regarding paying marketing companies for “referrals” of clients. The issue before the two committees Advertising and Ethics Advisory involves marketers who “price referrals” based not on advertising costs but on the potential lucrativeness of the case leads provided.
Unlike bar association opinions which provide guidance, the two New Jersey Committees carry the authority of the court – though any bar association or licensed lawyer can petition the Court for review.
– GWC
Rudy Giuliani suspended by NY Appellate Division
IN THE MATTER OF RUDOLPH W. GIULIANI, AN ATTORNEY – PER CURIAM Supreme Court of the State of New York Appellate Division, First Judicial Department…
Source: OTHERWISE: Rudy Giuliani suspended by NY Appellate Division
Supreme Court of the State of New York Appellate Division, First Judicial Department Rolando T. Acosta, P.J., Dianne T. Renwick Sallie Manzanet-Daniels Judith J. Gische Barbara R. Kapnick, JJ. Motion No. 2021-00491 Case No. 2021-00506
The Attorney Grievance Committee moves for an order, pursuant to Judiciary Law §90(2) and the Rules for Attorney Disciplinary Matters (22 NYCRR) §1240.9(a)(5), immediately suspending respondent from the practice of law based upon claimed violations of rules 3.3(a); 4.1; 8.4(c) and 8.4(h) of the Rules of Professional Conduct (22 NYCRR 1200.0) (Rules of Conduct or RPC).
Respondent was admitted to practice as an attorney and counselor at law in the State of New York on June 25, 1969, under the name Rudolph William Giuliani. He maintains a law office within the First Judicial Department.
For the reasons that follow, we conclude that there is uncontroverted evidence that respondent communicated demonstrably false and misleading statements to courts, lawmakers and the public at large in his capacity as lawyer for former President Donald J. Trump and the Trump campaign in connection with Trump’s failed effort at reelection in 2020. These false statements were made to improperly bolster respondent’s narrative that due to widespread voter fraud, victory in the 2020 United States presidential election was stolen from his client.
We conclude that respondent’s conduct immediately threatens the public interest and warrants interim suspension from the practice of law, pending further proceedings before the Attorney Grievance Committee (sometimes AGC or Committee).
Lawyers press D.C. Bar Ethics Board to investigate William Barr
Last July a distinguished group of lawyers including ten former Presidents of the D.C.Bar joined together to file a Request for Oversight of their comprehensively detailed demand for an investigation of the conduct while in office of the former Attorney General William Barr. Spurned by the Office of Disciplinary Counsel, the group has now appealed to William Kaiser, Chair of the Board on Professional Responsibility to exercise the Board’s oversight authority.
Source: OTHERWISE: Lawyers press D.C. Bar Ethics Board to investigate William Barr
On Our First Juneteenth – the national holiday
On the first Juneteenth – our national holiday
Source: OTHERWISE: On Our First Juneteenth – the national holiday
Nominations for the Fred C. Zacharias Memorial Prize for Scholarship in Professional Responsibility
Submissions and nominations of articles are being accepted for the twelfth annual Fred C. Zacharias Memorial Prize for Scholarship in Professional Responsibility. To honor Fred’s memory, the committee will select from among articles in the field of Professional Responsibility with a publication date of 2021. The prize will be awarded at the 2022 AALS Annual Meeting. Please send submissions and nominations to Professor Samuel Levine at Touro Law Center: slevine@tourolaw.edu. The deadline for submissions and nominations is September 1, 2021.
Professional Responsibility: A Contemporary Approach 