A pair of new and interesting twists in the ongoing story of lawyers resisting in-person appearances in Immigration Courts due to COVID-19 surfaced recently. First, an opinion was issued by the N.Y. State Bar Association Committee on Professional Ethics stating that an attorney could withdraw from a case if he/she had a fear of contracting
COVID-19
Damms v. Damms Brings into Focus the Importance of Attorney Diligence During COVID-19 Pandemic
Be sure to check deadlines and read orders carefully, especially in today’s environment.
While once in a while, a court will take pity on you, best not to rely on the mercy of the court. In Damms v. Damms, 2020 WL 1870410, the Appellate Division, “in a close call” saved defendant’s counsel who failed to…
Recent Ethics Opinion Highlights Attorney Obligations While Working Remotely
On April 10, 2020, the Pennsylvania Bar Association (“PBA”) Committee on Legal Ethics and Professional Responsibility issued Formal Opinion 2020-300, which outlines the ethical obligations for lawyers working remotely. Lawyers must be particularly mindful of the ethical obligations identified in the Opinion in light of the shift to remote work necessitated by the COVID-19 pandemic. …
Client Intake Best Practices in COVID-19 Environment
These days, more than ever, there is a yin and yang between bringing in as much revenue as possible at the risk of bringing in an unworthy client. How do we know when to say no?
Obviously, there is no one answer and it is dependent on both the needs of the lawyer and who…
Attorneys: Six Tips to Protect Yourself from Malpractice Claims in Today’s COVID-19 Environment
1. Deadlines. Make sure that for any motion or deadline that is changed that the old one is deleted and the new one is circulated at least on Outlook. If there is any confusion about a deadline someone should get guidance from the judge and not assume anything. With regard to the April 27 upcoming…
Attorney Ethics Considerations in the Age of Coronavirus
We hope this post finds you and your families well and safe. While ethics rules may not seem like the most pressing kind of concern right now, if you are providing legal advice now is the very time to ensure strict compliance to ensure deadlines are met and otherwise reduce the risk that a legal…