States have struggled with advising lawyers admitted to their bars as to whether and to what extent they can advise their clients on cannabis-related issues knowing that federal law still forbids the possession, distribution, sale, or use of marijuana.  The concern is that under the Rule of Professional Conduct 1.2(d) “A lawyer shall not counsel

Have you brought in a large corporate client such as a bank or a public company?  If so, have they sent you outside counsel guidelines?  Many large companies have their own guidelines that govern the attorney-client relationship as well as administrative and billing issues.  These guidelines must be reviewed very carefully; they may require electronic

Identifying who your client is at the outset is one of the most important aspects of the attorney-client relationship.  It governs who you can seek payment from and who can sue you for malpractice.  This is particularly important when your client is a limited liability company, general or limited partnership, or a closely held corporation. 

A California Court ruled that depending on the terms and language of a Settlement Agreement – and whether the attorney signs it for any reason (where the attorney signed as approving to form and content) – an attorney may be bound to the confidentiality provisions contained therein.  In Monster Energy Co. v. Schechter, et al

The ABCNY has issued Formal Opinion 2019-5, requiring a lawyer receiving payment in cryptocurrency to comply with RPC 1.8(a) (business transactions with client), concluding it is different than an ordinary fee agreement.  It is thus advisable for attorneys to become familiar with RPC 1.8(a) and not assume that a typical engagement letter will be sufficient.