Lawyers are ethically required to deposit advance fees and retainers in their trust accounts, commonly called IOLTA (Interest on Lawyers Trust) Accounts and to only take payment after clients receive a statement showing how the funds were used for counsel fees and expenses. In many cases, however, lawyers receive flat…
Read MoreWhether, and when, and how much, you can pay a fact witness who is testifying is an ethical dilemma for lawyers. Fortunately, there is guidance for attorneys to help them figure out when they can, and when they can’t pay a fact witness. Attorney Daniel J. Siegel, Chair of the…
Read MoreThe Pennsylvania Bar Association Committee on Legal Ethics and Professional Responsibility today issued Formal Opinion 2020-300 - Ethical Obligations of Attorneys Working Remotely. The Opinion is intended to provide global guidance to attorneys working from home, not only during the COVID-19 pandemic, but also for those who will work remotely…
Read MoreEven seasoned attorneys sometimes struggle with whether a communication is privileged or protected by the work product doctrine. Whatever the attorney decides can have significant implications in discovery and the trajectory of a case. In Cohen v. Ellwood Crankshaft and Machine Co., No. 11212 C.A. 2016 (Pa. Ct. Comm. Pl.…
Read MoreAlmost hot off the presses. I just received a copy of the cover of my newest book, Fee Agreements in Pennsylvania. I edited the book (now in its 6th edition) and authored one chapter. The book will be available for purchase in the next few weeks from the publisher, the…
Read MoreThe September 28, 2016 issue of the Legal Intelligencer, the daily newspaper of the Philadelphia legal community, features comments by Havertown Attorney Dan Siegel. The article, "Rule Change Allows New Retirement Route for Solos," discusses the amendments to Pennsylvania Rule of Professional Conduct 1.17, which regulates the manner in which…
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