Tagged: #ethicsinbrief

Release of The “Pandora Papers” is a Good Reminder of Attorney Duties Where There is a High Probability a Client is Seeking Advice to Commit a Crime

Release of The “Pandora Papers” is a Good Reminder of Attorney Duties Where There is a High Probability a Client is Seeking Advice to Commit a Crime

By Andrew A. Servais

With the recent release of the “Pandora Papers,” renewed attention is focused on corporate ownership transparency. The so-called Pandora Papers release from the International Consortium of Investigative Journalists (ICIJ) has outlined the elaborate mechanisms that the wealthy deploy to shift funds between global jurisdictions, masking their true wealth and minimizing their tax obligations while also unmasking the U.S. as a tax haven — including the state of South Dakota with its proliferation of “dynasty trusts.” Read More

ABA Formal Opinion 499 Provides Critical Guidance for Attorneys Considering Investment in Jurisdictions Allowing Nonlawyer Ownership of Law Firms

ABA Formal Opinion 499 Provides Critical Guidance for Attorneys Considering Investment in Jurisdictions Allowing Nonlawyer Ownership of Law Firms

By Andrew A. Servais

California Rule of Professional Conduct and ABA Model Rule of Professional Conduct 5.4 feature a number of prohibitions designed to preserve the professional independence of lawyers, including prohibiting the sharing of legal fees with a nonlawyer, forming a partnership with a nonlawyer (if any of the activities of the partnership consist of the practice of law), and practicing in a business structure in which a nonlawyer owns any interest in the business or serves as a corporate director or officer. Read More

The Ethical Implications of Representing a Minor Whose Guardian Ad Litem is Not Serving the Best Interests of the Minor

The Ethical Implications of Representing a Minor Whose Guardian Ad Litem is Not Serving the Best Interests of the Minor

By Richard D. Hendlin

This Ethics in Brief article arises from a recent inquiry I received through the SDCBA Legal Ethics Hotline (phone: 619.231.0781×4145) involving an attorney who posed the hypothetical question of whether an attorney who represents a minor with a guardian ad litem [GAL] could ethically petition the superior court to remove the GAL who the attorney believes is not following the attorney’s advice and not acting in the minor’s best interests? Read More