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Louisiana Legal Ethics Newsletter: November 2018

November 2018 Newsletter

May a Lawyer Renegotiate a Fixed Fee Agreement Gone Bad?

You agreed to do the case for $3,500 from start to finish. It looked pretty simple at the beginning. But now it's a nightmare. Can you go back to your client and ask for more money?

ABA Issues Formal Opinion on Lawyers’ Obligations After a Data Breach or Cyberattack

On October 17, 2018, the ABA issued a formal opinion addressing lawyers’ obligations in the wake of an electronic data breach or cyberattack. Noting that hackers have targetted law firm information systems for cyberattacks in the past, the committee discusses what the ethical obligations of competence, communication, and confidentiality require of lawyers to prevent attacks in the future and to remediate them when they occur.

LSBA Distributes Newly-Updated Professionalism Code

On October 18, 2018, LSBA President Barry H. Grodsky distributed a “newly updated” LSBA Code of Professionalism. This code, “[w]hile maintaining the basic principles set previously,” has “been brought into the 21st Century and addresses issues no one considered twenty-five years ago.” What's in this new code and do we really need it?

Other States Struggle with Prosecutorial-Disclosure Issue Resolved by Louisiana in 2017

Is a prosecutor’s "ethical" obligation to disclose exculpatory information to the defense broader than the corresponding constitutional obligation imposed by Brady v. Maryland (U.S. 1963). Louisiana definitively answered this question in 2017. How are other states addressing the issue?

This Month in Discipline

Who was reprimanded, suspended, and disbarred last month? You can wait for the next LSBA Bar Journal. Or, you can see right now: This Month in Louisiana Lawyer Discipline.
Copyright © 2018 Louisiana Legal Ethics, All rights reserved. A free, monthly newsletter by Prof. Dane S. Ciolino of Loyola University New Orleans College of Law covering recent developments in legal ethics for Louisiana lawyers.
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