It is unprofessional conduct for a lawyer to refuse to honor a letter of protection signed by the lawyer. Although this has long been the ...
Read More »A look at making loans to clients
A number of lawyer discipline cases involve loans from a client to the lawyer — loans that often are not repaid due to the lawyer’s ...
Read More »The rules regarding disability inactive status
When an attorney is unable to represent clients because of a physical or mental disability or because of a chemical addiction, the Supreme Court may ...
Read More »The self-defense exception to client confidentiality
A unique situation involving confidentiality and former clients occurs when a client discharges an attorney and then blames the attorney for some action or advice ...
Read More »The ethical consequences of improper subpoena use
The use of subpoena can be a powerful tool for compelling the production of information, especially from nonparties. However, the ability to wield this power ...
Read More »Receiving client property as a fee or security for a fee
Lawyers may take property other than cash as payment of a fee or as security for payment of a fee. (See “Mortgages to secure fees” ...
Read More »A lawyer’s duty to report misconduct under Rule 8.3
Most practicing lawyers in Minnesota understand that they have an obligation to report other attorneys to the Office of Lawyers Professional Responsibility for violations of ...
Read More »Communication with represented parties
As evidenced by its frequent appearance in this column, as demonstrated by how often it is the subject of requests for advisory opinions, and as ...
Read More »Applying rule 4.2 in class action litigation
Rule 4.2 of the Minnesota Rules of Professional Conduct (MRPC) prohibits an attorney from communicating directly with a party known to be represented by counsel. ...
Read More »Calling a witness whom you know will claim the Fifth
A witness’s invocation of the privilege against self-incrimination is not an uncommon occurrence in criminal proceedings. Some Fifth Amendment privilege claims come as a surprise; ...
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