October 26, 2017 | The Legal Intelligencer
Ethics Forum: Questions and Answers on Professional ResponsibilityThe Smart Start-ignition interlock device is apparently advertising heavily in Pennsylvania due to the new changes of the rules for ignition interlock.
By Samuel C. Stretton
17 minute read
October 19, 2017 | The Legal Intelligencer
Questions and Answers on Professional ResponsibilityPayment to witnesses who are not experts is very limited and governed to a large extent by the Rules of Professional Conduct. Under Pennsylvania Rules of Professional Conduct, Rule 3.4(b), a lawyer cannot pay or offer payment to a witness contingent upon the content of the witness' testimony or the outcome of the case.
By Samuel C. Stretton
7 minute read
October 12, 2017 | The Legal Intelligencer
Questions and Answers on Professional ResponsibilityTo evaluate the issue, one has to get away from the news articles and stories. The Pennsylvania Supreme Court, a few years ago, added Rule of Professional Conduct 5.7 that talks about when a law firm is involved in a non-law related business.
By Samuel C. Stretton
14 minute read
October 05, 2017 | The Legal Intelligencer
Questions and Answers on Professional ResponsibilityOne of the most important things any lawyer should learn is that it really doesn't do one much good to spend to their time criticizing their opponent or trying to suggest their opponent is a bad lawyer or doesn't act honestly.
By Samuel C. Stretton
22 minute read
September 28, 2017 | The Legal Intelligencer
Copying the Other Side Does Not Relieve the Misconduct of Ex Parte ContactI am a practicing trial lawyer and I constantly see my opponents write letters to the judge assigned to the case raising issues. These letters are always copied to myself or other opposing counsel. Where is the line for ex parte contact?
By Samuel C. Stretton
9 minute read
September 21, 2017 | The Legal Intelligencer
The Lawyer Represents the Insured or the Person With the Problem, Not Both.I read your article about the independence of outside counsel versus in-house corporate counsel. I have seen more and more litigations are being handled in-house by insurance companies either through staff counsel or through "captured law firms," even though those firms might have the appearance of a private firm but they are owned by the insurance company. Is this ethical or does it create issues?
By Samuel C. Stretton
9 minute read
September 14, 2017 | The Legal Intelligencer
Legal Ads Must Be Honest and Comply With the RulesI noted billboards and other advertisements of a firm that is primarily based in Florida advertising in Pennsylvania. The firm features a picture of apparently the senior partner who states words to the effect, "I am your lawyer." They are advertising for personal injury cases. The ads give the impression that that lawyer will handle the cases. I am only aware of one office and one newly admitted lawyer in Pennsylvania for the firm. Is that ethical?
By Samuel C. Stretton
11 minute read
September 07, 2017 | The Legal Intelligencer
Carefully Evaluate Whether Issues Involving Your Case Are 'Substantially Related'In a conflict of interest where I represented a person previously, what does "substantially related" mean in terms of disqualification?
By Samuel C. Stretton
9 minute read
August 24, 2017 | The Legal Intelligencer
Good Intentions Can Still Violate the RulesCan lawyers make gifts to the judiciary, either directly or indirectly, as an institution and, if so, would it require disqualification?
By Samuel C. Stretton
15 minute read
August 17, 2017 | The Legal Intelligencer
If Liability Is Limited, Written Notice to Your Client to Seek Independent Counsel Is NeededI have an active criminal defense practice and have a very good plea agreement for my client, but he has to waive any rights to appeal and any rights to claim my ineffectiveness. Can I allow that to happen?
By Samuel C. Stretton
10 minute read
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