Advising Clients with Diminished Capacity – Part 2

In my December 7, 2015, post, I discussed the basic contours of Rule 1.14, as well as the meaning of diminished capacity in the context of legal ethics. In this post, I will discuss the basic analysis lawyers can use to determine when a client has diminished capacity, and what lawyers can do in such a […]

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FuturePlan: Template for Succession Plan

The Ohio State Bar Association’s annual “All-Ohio Legal Forum” was held last week in Cincinnati and featured excellent panels and presentations on many of the topics that are most important for Ohio lawyers, including an extended symposium on race and its impact on the profession and a “FuturePlan” series of presentations that shines a spotlight […]

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Reporting Attorney Misconduct: The “Fitness as a Lawyer” Factor

View Part 1. View Part 2. In this last part of a series about reporting misconduct under Rule 8.3, we will examine the requirement that the misconduct in question “raises a question as to the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.” If the lawyer possesses unprivileged knowledge of misconduct then this […]

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Reporting Attorney Misconduct: The “Knowledge” Factor

In Part 1, we discussed the “privileged” element or restriction on the duty Ohio lawyers have to report misconduct under Rule 8.3; now we will discuss the “knowledge” element. All Ohio attorneys have a duty to report attorney misconduct if it is not privileged and they have knowledge of the misconduct. This is true even […]

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Advising Clients with Diminished Capacity – Part 1

Two recent news stories have placed in the headlines the issue of how lawyers should advise clients with diminished capacity to make legal decisions. The first is the publication of Harper Lee’s novel, “Go Set a Watchman,” an event that has occasioned caustic criticism of Lee’s lawyer, Tonja Carter. The second is Bill Dedman’s investigation […]

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