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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Lawyer Protection – The Engagement Letter

Carefully drafted engagement letters memorialize reasonable expectations. They can also provide protection for lawyers. Although one size does not fit all, engagement letters should: Identify the client, including who is not the client in the corporate family context. For example, consider language clarifying that representation of a corporate entity is not to be construed as […]

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Cokehead, Fish Face and Dumbo: Kentucky Trial Judge Suspended

The Supreme Court of Kentucky has suspended Judge Steven D. Combs without pay for six months, according to an agreed Order of Suspension filed October 1, 2015. Kentucky’s Judicial Conduct Commission had charged Combs, Circuit Judge for Kentucky’s 35th Judicial Circuit in Pike County, with numerous violations of the state’s Code of Judicial Conduct. The most […]

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