Topic 1: Can I Practice Law Under a Trade Name?

In this segment we discuss:

· Until recently, Rule 7.5 of the New York Rules prohibited lawyers from using trade names, because they were viewed as inherently deceptive

· A recent lawsuit against New York and other states challenged the trade name rule as unconstitutional because it infringed on commercial speech

· In response, New York opted to change the trade name rule to permit trade names

· Why this is a positive trend that makes sense because it gives lawyers more options for naming their law firms

Topic 2: Does a New Rule Change Allow Lawyers to Post Bail for Clients?

In this segment we discuss:

· Until recently, Rule 1.8(e) of the New York Rules of Professional Conduct prohibited lawyers in litigation from providing financial assistance to clients for non-litigation related expenses

· We discussed the rule in a previous episode about whether lawyers can pay bail for their clients

· Rule 1.8(e) has now been amended to allow financial assistance to indigent clients in pro bono cases, as long as certain conditions are met

· Whether this rule change - called the "humanitarian exception" - would now permit lawyers to pay bail for their clients and, if so, would that create a conflict under other rules

If you are interested in contributing to a charitable bail fund or learning more about how bail funds work, here is a list of organizations:

· The Bail Project

· Brooklyn Community Bail Fund

· New York Immigrant Freedom Fund

· National Bail Fund Network

Case Notes From Captivity

Tyler’s Case Notes: Tyler ordered and assembled his new standing desk, which he says is a “life saver.”  Here is a link to the desk that Tyler got, but there are many other options on the market.

Nicole’s Case Notes: Nicole has been riveted by a podcast called Breakdown from the Atlanta Journal Constitution, which covers criminal trials in Georgia and addresses issues relating to the justice gap.  Most recently, Breakdown has been covering the Ahmaud Arbery shooting.  You can download and listen to Breakdown on your favorite podcast platforms.

You can watch videos of Remotely Ethical on our YouTube channel.

For more information about attorney ethics and professional responsibility, please visit our blog.