Does Email Tracking Violate Ethics Rules? – Attorney at Work

By  | Apr.17.18 | Daily DispatchEthicsProfessionalism


Spymail Violates the Rules of Professional Conduct

A recent Professional Conduct Advisory Opinion from the Illinois State Bar Association, (Opinion No. 18-01, January 2018) joined at least three other jurisdictions in concluding that the practice of using hidden email tracking software would be unethical for a variety of reasons. (See Alaska Bar Association Ethics Opinion No. 2016-01; New York State Bar Association Ethics Opinion 749; and Pennsylvania Bar Association Formal Opinion 2017-300.)


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Lawyers must inform current clients when they make material errors, ABA ethics opinion says–ABA Journal



However, the opinion also says that lawyers do not have to inform former clients of such material errors.

Formal Ethics Opinion No. 481 explains that this duty is rooted in ABA Model Rules of Professional Conduct Rule 1.4, which governs a lawyer’s duty of communication. That rule requires lawyers to promptly inform clients of any decision or circumstance for which a client’s informed consent is needed. It also requires a lawyer to “reasonably consult” with the client about the means of achieving the client’s goals during representation and keeping the client “reasonably informed” about the progression of the case.


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Prominent Foreclosure Firm Charged With Defrauding Fannie Mae | New York Law Journal

By Colby Hamilton


A prominent foreclosure law firm was charged with defrauding Fannie Mae through a scheme to submit falsely inflated bills to the mortgage servicing companies it worked for, knowing the federal housing authority would ultimately be on the hook through reimbursement payments, the Manhattan U.S. Attorney’s Office announced Wednesday.

“As alleged in the complaint, for years [Rosicki, Rosicki & Associates] exploited its relationship with Fannie Mae, a government-sponsored entity, for its own financial gain by knowingly causing Fannie Mae to pay artificially inflated costs for foreclosure-related services,” U.S. Attorney Geoffrey Berman of the Southern District of New York said in a statement.


Pro Bono Opportunities | Free LIT Program

Pro Bono Opportunities Lunch and Learn
Free Program for NYSBA Members

Sponsored by the Committee on Lawyers in Transition and the Department of Pro Bono Services of the New York State Bar Association.

Panelists will discuss how they got involved with Pro Bono legal representation and about their feelings regarding the experience and its benefits to their legal careers.

Thursday, March 29, 2018
11:30 a.m. – 1:30 p.m.

New York State Bar Association
One Elk Street | Albany, NY 12207

Free Program for NYSBA Members | Non-members $100

Program Faculty:
Erin K. Flynn, Esq., Chair, Committee on Lawyers in Transition
Marcy C. John, Esq., Volunteer Lawyers Project of Onondaga County Inc.
Anne L. LaBarbera, Esq.
Faye Polayes, Esq., Ernst & Young
Susan Pattenaude, Esq., The Legal Project
Myleah Misenhimer, Esq., Legal Aid Society of Northeastern New York
Kristen Wagner, Esq., Director, Pro Bono Services, New York State Bar Association

Kristen Wagner Esq.
New York State Bar Association
Albany NY
(518) 487-5640

What’s the Difference Between J.D. and Esq.? – Law and Daily Life

By Brett Snider, Esq.

When you’re looking for an attorney, you may be confronted by a confusing slew of letters after someone’s name, including “J.D.” and “Esq.”

While those abbreviations are both associated with legal professionals, their meanings aren’t exactly the same.

The difference between J.D. and Esq., as commonly used in the United States, is the ability to practice law.

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New Rule Bars Political Activity, Campaign Contributions by Federal Judiciary Employees | National Law Journal

By Tony Mauro

Starting on March 1, more than 1,000 employees of the federal judiciary will be subject to a policy that prohibits them from partisan political activity, including campaign contributions.

Judges and court employees have lived under similar rules for decades, but the new policy extends the restrictions to those who work at the Administrative Office of the U.S. Courts and the Federal Judicial Center, both based at the Thurgood Marshall Federal Judiciary Building in Washington, D.C.

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Lawyer representing neo-Nazis declares that ‘white people are the chosen people’


A Cincinnati-area lawyer stepped forward when white supremacists and neo-Nazis had trouble finding legal representation in a civil case stemming from the violent protests in Charlottesville, Virginia.

The lawyer, James E. Kolenich, got involved because “white people must save and preserve their civilization,” the Cincinnati Enquirer reports.


Do Kolenich’s comments constitute an ethics violation? It’s unknown if anyone has complained to Ohio lawyer discipline authorities. Ohio disciplinary counsel Scott Drexel says state supreme court rules bar him from revealing whether there is a pending grievance or investigation against Kolenich or any other lawyer. Investigations are confidential until a formal complaint is filed.


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