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Articles Posted in Lawyer Professional Conduct

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Is A Defense Lawyer Breaching His Ethical Duty To A Defendant When He Discloses Evidence That Points To A Defendant’s Guilt? The Massachusetts SJC To Decide.

A defense attorney has a duty to represent their client “zealously within the bounds of the law.” An attorney also must share evidence through discovery with opposing counsel. A defendant, as per the Fifth Amendment, has the right not to incriminate themselves. This right spans from a defendant not incriminating…

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Massachusetts SJC Considered How A Bar Applicant Could Show They Were Qualified for Admission to the Bar with Prior Transgressions?

The character and fitness portion of the bar exam serves the purpose of ensuring that barred attorneys are morally fit for the practice of law and deserving of the trust of the people. The character and fitness questionnaire usually asks about past criminal conduct or civil violations, academic or employment…

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Can an Attorney Represent both Co-defendants without having a conflict of interest?

Can an Attorney Represent Co-defendants? United States Supreme Court May Decide. In many states, it is legal for two co-defendants in a crime to retain the same attorney. However, this is not the ideal situation because it is ripe for conflicts of interest. Co-defendants in a criminal case likely have…

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Can Lawyer Facebook Violate the Rules of Professional Conduct in Massachusetts?

A Massachusetts Attorney was reprimanded for a facebook post about his status.  Being friends with many lawyers in Massachusetts and all over the country, the attorney’s facebook post was typical of many attorney posts that I have seen on my newsfeed.  The Massachusetts Board of Bar Overseers found that this…

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