Author: Josh King
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Cohen’s Forced Client Disclosure
Look, I enjoy a little schadenfreude as much (if not more so) than the next guy. And it’s especially delicious when it comes at the expense of the cabal of crooks, clowns, and lickspittles…
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Disclosing Public Info About Clients
Earlier this month, the ABA issued advisory opinion 480, which says that attorneys cannot reveal client information even if that information is in the public record. The opinion points to Model Rule 1.6, which…
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The Feds Weigh in on Tikd
When the Supreme Court decided to grant cert in the North Carolina Dental Board case, many bar associations seemed concerned. Concerned enough to file an amicus brief, pointing out that a narrowing of the…
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Fake Bar Associations a Real Example of What’s Wrong With the Ad Rules
Hey, I’ve got an awesome plan: Create bogus Bar Associations Set up lawyer referral services under their names Get those services approved by the State Bar, and PROFIT! $$$$$! So yeah, that’s basically what…
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Canadian Bar Cozies Up to Compelled Speech
Oh, Canada. Not content with statements of principle in support of diversity – or even ethics rules, such as the hotly-contested-and-likely-unconstitutional ABA Model Rule 8.4(g) – Canada’s largest legal regulator has adopted a rule…
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An Opening for Ad Rule Changes?
At last weekend’s clutch of lawyer meetings in Vancouver – the ABA midyear, NOBC, APRL, etc – I had numerous discussions about the attorney advertising rules, how they represent an obstacle for consumers and…
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What’s “Reasonable?”
Let’s talk about the worst part of the most unnecessary (and harmful) rule in the ABA’s Model Rules of Professional Conduct: subsection (b)(1) of Rule 7.2. What, you may ask is subsection (b)(1) of…
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Intermediate Scrutiny as a Policymaker’s Touchstone
As I go on (and on, and on) about, speech regulation must meet a higher bar than ordinary regulation. Outside of a handful of relatively-narrow categories, content-based speech regulation must survive “strict scrutiny.” That’s…
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Don’t Take Your Dealmaking Tips From DT
It seems Donald Trump got the wrong takeaway from this weekend’s brief government shutdown: This crowing boast of his own negotiating prowess gets things entirely backward. If I had to point to a single…
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The Awful, No Good, Rule 7.2
My last couple posts have referred to Model Rule 7.2, and the ABA Ethics Committee’s inexplicable unwillingness to consign it to the dustbin of history. But while I have complained about this benighted Rule,…