Remotely Ethical

Remotely Ethical

By Nicole Hyland and Tyler MaulsbyBusiness
Download on the App Store

Remotely Ethical episodes

  • Alternate Fee Arrangements and Business Ventures With Clients

    In this episode, Nicole Hyland and Tyler Maulsby cover Parts 2 and 3 of our series on doing business with clients. In Part 1 of this series, we covered renegotiating fee agreements with clients.

    Topic 1: Alternate Fee Arrangements

    In this segment we address:

    • How certain alternate fee arrangements, such as taking stock in a client’s business or accepting crypto-currency for fees may constitute a business transaction with a client;
    • New York City Bar Ethics Opinions 2000-3, which addresses ethical considerations when a lawyer exchanges legal services for stock in a client’s business;
    • New York City Bar Ethics Opinion 2019-5, which addresses accepting cryptocurrency and other non-monetary property in exchange for legal services;
    • Complying with Rule 1.8(a), including ensuring that:
    • the transaction is "fair and reasonable" to the client;
    • the terms of the transaction are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client;
    • the client is advised in writing of the desirability of seeking, and be given a reasonable opportunity to seek, the advice of independent legal counsel on the transaction; and
    • the client gives written "informed consent" to the essential terms of the transaction and the lawyer’s role in the transaction, including whether the lawyer is representing the client in the transaction.
    • Litigators should also be aware of Rule 1.8(i), which prohibits attorneys from taking an ownership interest in a cause of action or the subject matter of the litigation.

      • Topic 2: Business Ventures With Clients

      In this segment, we discuss:

      • Ethical issues for lawyers to consider when going into business with clients.
      • Determining whether Rule 1.8(a) applies to the transaction and complying with its requirements.
      • Complying with Rule 5.7 – the “ancillary business rule” – which requires the lawyer to consider whether the business is “distinct” from the attorney’s legal services.

        • Case Notes From Captivity

        Tyler’s Case Notes: Tyler has been learning how to compost and has made his own diy compost bin out of an old garbage can. If you have a little outdoor space, composting is an easy, inexpensive, and fun activity to enjoy with your kids. Just google “how to make your own compost” for useful blogs and videos, like this one, to get you started. 

        Nicole’s Case Notes: As a Harry Potter fan, Nicole has been enjoying JK Rowling’s Harry Potter at Home (free subscription required), where various celebrities are reading chapters of Book One: Harry Potter and the Philosopher’s Stone. The first chapter is read by Harry Potter himself, Daniel Radcliffe.

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

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

        18 min
      • Hoarding, Dabbling and Doing Business With Clients

        Topic 1: Hoarding and Dabbling

        Nicole and Tyler discuss the risks for lawyers of hoarding work and dabbling outside one’s practice area.

        • What are "hoarding" and "dabbling"?
        • Why does hoarding and dabbling by lawyers increase legal malpractice liability?
        • Why might lawyers be tempted to hoard or dabble during the current COVID-19 crisis?
        • What can law firms can do to minimize the risk of hoarding and dabbling?

          • Topic 2: Doing Business With Clients, Part 1: Renegotiating Legal Fees

          This is the first installment of a three-part series on doing business with clients.  We will cover Parts 2 and 3 of this series in our next episode of the podcast.

          In Part 1, Nicole and Tyler discuss:

          • The fact that lawyers may face pressure to renegotiate fee agreements with clients, particularly during the current health and economic crisis;
          • Whether renegotiating a fee arrangement constitutes a business transaction with a client, subject to Rule 1.8(a) of the New York Rules of Professional Conduct;
          • New York State Bar Ethics Opinion No. 910, which discusses factors that are relevant to whether a fee negotiation constitutes a business transaction with a client;
          • Complying with Rule 1.8(a) when entering into a business transaction with a client, including ensuring that:
          •   the transaction is "fair and reasonable" to the client;
          •   the terms of the transaction are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client;
          •   the client is advised in writing of the desirability of seeking, and be given a reasonable opportunity to seek, the advice of independent legal   counsel on the transaction; and
          •   the client gives written "informed consent" to the essential terms of the transaction and the lawyer’s role in the transaction, including whether the lawyer is representing the client in the transaction.

            • Case Notes From Captivity

            Tyler’s Case Notes: Tyler is revisiting a pastime from his youth – learning how to play the piano.  He is finding YouTube to be a great resource for teaching yourself how to play the piano.

            Nicole’s Case Notes: Nicole was excited to learn that the movie version of Hamilton – the Broadway musical – is slated for an early July 3, 2020 release on Disney+.  You can read more about that here.  Nicole also recommends listening to the Hamilton cast album on Spotify, Amazon, Apple Music, or your own favorite streaming platform. If you’re really ambitious, you can read the biography of Hamilton by Ron Chernow, on which the musical was based.

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

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

            21 min
          • Deception and Disobedience

            In this episode of Remotely Ethical, we discuss the following topics:

            Topic 1: I lied on my law school application. Can I still be a lawyer?

            Nicole and Tyler discuss whether inaccurate information on a law school application might impede a law school graduate's subsequent admission to the bar.

            This topic was inspired by a New York Times article that discussed Tara Reade’s undergraduate and law school education, which you can read here.

            Important disclaimer:  We have no knowledge or opinion about whether Ms. Reade's statements about her undergraduate education are accurate.

            Topic 2: The Ethics of Civil Disobedience

            In this segment, we discuss whether lawyers are ethically permitted to engage in civil disobedience or counsel clients about doing so.

            For more on this topic, check out Tyler’s blog post: Confronting the Ethics of Civil Disobedience.

            Case Notes From Captivity

            Tyler’s Case Notes: Tyler is catching up on Season 3 of Better Call Saul and is more troubled by Kim’s ethical behavior than by Jimmy’s (i.e. Saul).

            If you want to read some of Nicole’s old blog posts about the Ethics of Better Call Saul (Season 1), you can find them here.

            Nicole’s Case Notes: Nicole was amused and entertained by a YouTube video entitled “Building the Perfect Squirrel Proof Bird Feeder.” You’ll laugh. You’ll cry. You’ll develop a deeper respect for the ingenuity of squirrels.

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

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

            29 min

          About Remotely Ethical

          From the publisher's feed

          Remotely Ethical, a series on legal ethics, professional responsibility and the law of lawyering. Nicole Hyland and Tyler Maulsby will cover many issues that lawyers face as they grapple with remote…