Lawyer may contact employee of opposing party without notice or permission of opposing counsel if employee(1) can’t bind adverse party by his or her testimony; (2) is not executive officers/managers of adverse party; or, (3) is not actually

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QUESTION: “Our firm represents a plaintiff who has a tort claim against a corporation. Certain employees of the defendant witnessed the incident and possess facts which we need to know…

Continue ReadingLawyer may contact employee of opposing party without notice or permission of opposing counsel if employee(1) can’t bind adverse party by his or her testimony; (2) is not executive officers/managers of adverse party; or, (3) is not actually

Lawyer may utilize names of clients in “tombstone announcements” if clients consent to such use.

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QUESTION: The question poses the propriety and permissibility of “tombstone announcements” of selected transactions with the approval of the parties involved. ANSWER: In a 1983 opinion the Virginia Bar held…

Continue ReadingLawyer may utilize names of clients in “tombstone announcements” if clients consent to such use.

Business cards of paralegal must contain identification of the non-lawyer employee as “non-lawyer assistant.”

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QUESTION: “My secretary has recently been certified as a Professional Legal Secretary. This certification is issued by the National Association of Legal Secretaries to those professionals who pass an extensive…

Continue ReadingBusiness cards of paralegal must contain identification of the non-lawyer employee as “non-lawyer assistant.”

Suspended or disbarred lawyer may receive, subsequent to the date of his suspension or disbarment, legal fees to which he was entitled for work performed prior to his suspension or disbarment.

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QUESTION: “I am a lawyer licensed to practice in Alabama. I have been appointed as Trustee in Bankruptcy for John Doe, P.C., and under the authority of the Bankruptcy Code,…

Continue ReadingSuspended or disbarred lawyer may receive, subsequent to the date of his suspension or disbarment, legal fees to which he was entitled for work performed prior to his suspension or disbarment.

Lawyer should not undertake representation of client in matter adverse to former client which matter is substantially related to prior representation and where lawyer gained confidential information which may be used to detriment of former client.

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QUESTION: “Several years ago I talked to a person that I will refer to hereinafter as Ms. X. This relationship resulted in Ms. X hiring me for the purpose of…

Continue ReadingLawyer should not undertake representation of client in matter adverse to former client which matter is substantially related to prior representation and where lawyer gained confidential information which may be used to detriment of former client.

Imputed disqualification rule as applied to district attorneys and part-time district attorneys handling child support arrearage (Title IV/DHR) cases involving former clients

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QUESTION: “FACTS: The ABC County District Attorney’s Office is under contract with the Department of Human Resources to handle all child support matters under Title IV of the Social Security…

Continue ReadingImputed disqualification rule as applied to district attorneys and part-time district attorneys handling child support arrearage (Title IV/DHR) cases involving former clients