Lawyer may not communicate with employee of opposing party if employee has managerial responsibility on behalf of the opposing party and can bind the opposing party

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QUESTION: A lawsuit has been filed against a defendant nursing home corporation.This nursing home corporation is represented by an attorney. During the course of a deposition, it was discovered that…

Continue ReadingLawyer may not communicate with employee of opposing party if employee has managerial responsibility on behalf of the opposing party and can bind the opposing party

Lawyer properly interplead disputed trust funds into court to allow adjudication of clients’ and third-party creditors’ rights to said funds

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QUESTION: “As per our phone conversation of June 5, 1990, I write this letter to you requesting some guidance pursuant to a dispute between my clients and the clients’ health…

Continue ReadingLawyer properly interplead disputed trust funds into court to allow adjudication of clients’ and third-party creditors’ rights to said funds

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,…

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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…

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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