| LEO Num | Topics | Summary | Date |
ABA-499
|
| As additional states "permit business structures that allow nonlawyer ownership of law firms and the sharing of legal fees with nonlawyers," lawyers "may acquire a ‘passive' investment interest" in what are called alternative business structures, as long as: (1) the passive investment "does not include scenarios in which the investing lawyer practices law through the ABS [alternative business structure], manages or holds a position of corporate or managerial authority in the ABS, or is otherwise involved in the daily operations of the ABS"; and (2) "the investing lawyer does not have access to information protected by [ABA] Model Rule 1.6 without the ABS client's informed consent." Although a law firm's lawyer's personal interest resulting from her investment in an ABS is not automatically imputed to her colleagues under ABA Model Rule 1.10, lawyers must analyze a possible ABA Model Rule 1.7(a)(2) "material limitation" conflict. | 9/8/2021 |
1896
|
| Following several other states, "Virginia has no interest in restricting the practice of a lawyer whose only connection to Virginia is a physical location within the state."; Thus, non-Virginia lawyers may practice systematically and continuously "for any length of time," "may have a public presence in Virginia and [are] not required to be 'invisible' within the state" — as long as their work "involves the practice of the law of the [non-Virginia] lawyer's licensing jurisdiction or exclusively federal law that does not require Virginia licensure." Such lawyers must disclose that they are not licensed to practice in Virginia. | 1/11/2022 |
ABA-500
|
| Lawyers must comply with their Rule 1.1 competence and Rule 1.4 communication duties even "when a client's ability to receive information from or convey information to a lawyer is impeded because the lawyer and the client do not share a common language, or when a client is a person with a non-cognitive physical condition, such as a hearing, speech, or vision disability." Lawyers in that situation: (1) must select a qualified translator or interpreter (taking "particular care" if relying on the client's relatives, given the risk of bias or personal interest); (2) exercise their Rule 5.3 supervision responsibilities (emphasizing assistants' confidentiality duty); and (3) keep in mind any social and cultural differences when communicating with clients. | 10/6/2021 |