Lawyer does not have ethical obligation to advise client to file bar grievance against former lawyer who may be guilty of legal malpractice. Lawyer has obligation to report ethical misconduct to tribunal of disciplinary authority.

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QUESTION: “A client approached me with a potential malpractice claim against a lawyer licensed and practicing in the State of Alabama. Specifically, it appears the lawyer did not properly respond…

Continue ReadingLawyer does not have ethical obligation to advise client to file bar grievance against former lawyer who may be guilty of legal malpractice. Lawyer has obligation to report ethical misconduct to tribunal of disciplinary authority.

Lawyer or law firm operating under trade name must include trade name in all other permissible communications made pursuant to Rule 7, A.R.P.C.

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QUESTION: Must a lawyer or law firm operating under a trade name, such as “AAA Legal Clinic,” include that trade name in all permissible communications made pursuant to Canon 2…

Continue ReadingLawyer or law firm operating under trade name must include trade name in all other permissible communications made pursuant to Rule 7, A.R.P.C.

Review of lawyer brochure–applicable rules (Code of Professional Responsibility) governing advertising quoted

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QUESTION: The attorney has presented a firm brochure for review and approval. ANSWER: The brochure presented is permissible pursuant to the provisions of Temporary Disciplinary Rules 2-101, 2-102, 2- 103,…

Continue ReadingReview of lawyer brochure–applicable rules (Code of Professional Responsibility) governing advertising quoted

Unclaimed client trust funds–lawyer’s obligation to ascertain true owner, escheatment of unclaimed funds which appear to be lawyer’s fees to lawyer

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SUMMARY OF THE QUESTION: I practiced law from 1971 through 1985 and maintained a trust account at a local bank. I assumed a judicial office in 1985 and had a…

Continue ReadingUnclaimed client trust funds–lawyer’s obligation to ascertain true owner, escheatment of unclaimed funds which appear to be lawyer’s fees to lawyer

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

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.

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.

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.”