PanelistsKendra Basner
O'Reilly & Roche
Adam Koss
Koss Firm
Anthony Radogna
Law Offices of
Anthony Radogna
Moderator
Laura Gibble
LFGF Law
This presentation will address two cutting edge issues being discussed nationwide among ethics lawyers and state bar defense counsel which directly impact solo and small firm attorneys.
First, attorneys are leaving their brick and mortar office spaces behind for a virtual practice, particularly in the new “work from home.” Some lawyers have even left their home state all together, or at least indefinitely. However, working from one state, while servicing clients and applying law in another, can have ethical implications and even subject a lawyer to claims of unauthorized practice of law if the lawyer is not careful. This panel will address ethical concerns involved with remote practice, including but not limited to, UPL and MJP concerns.
Second, there is a proliferation of discussion regarding attorney referral and advertising websites, with the most high profile being recent litigation by the State Bar against LegalMatch, which has since been deemed on official “Lawyer Referral Service” by the State Bar. The State Bar has taken the position that a lawyer‘s payment for these services to non-certified Lawyer Referral Services constitutes impermissible fee sharing with non-lawyers, or at least greatly curtailed, by the Rules of Professional Conduct. Currently, the State Bar is in the process of changing some of the rules which prohibit lawyers from paying a referral fee or otherwise sharing fees with non-lawyers, with more changes on the horizon that may impact an attorney’s marketing strategy.
This program will review the current state of the law, as well as potential further changes, and provide practical advice from respondent’s counsel, who has been defending lawyers from disciplinary charges brought by the State Bar.
Topics- Ethical implications of remote work and virtual law offices, particularly when working in other states
- Recent development with referral services, attorney advertising, and sharing fees with non-lawyers
- State Bar stance on these cutting edge issues
- Further changes being considered by the Bar