August

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From the Chair of the Professional Ethics Committee
This issue focuses to a great degree on issues of ethics and professionalism among the members of the federal bar. As federal practitioners, we are members of a smaller group group of lawyers who practice primarily or exclusively in state courts. As a rule, we come to know the other lawyers in our community who are primarily federal practitioners more readily, and we have benefited from the collegiality that arises from such relationships. With some exceptions, of course, that collegiality tends to make our working relationships with opposing counsel less hostile and more cooperative.

Features

The Intersection of Online Communications and Legal Ethics
In dealing with social media—whether as participants, observers, or advisers—attorneys need to remain mindful that the ethical standards applicable to them as officers of the court do not diminish when they engage in or deal with online social media and are present even when attorneys are acting in a nonprofessional capacity or anonymously.
Unintended Engagements: What Just Happened?
The potential for unintended consequences to arise from routine communications abounds. With some forethought and diligence, however, attorneys can successfully navigate the obstacles.
Ethics in Settlement: The Effects of Material Misrepresentation
As the courts continue to require litigants and their counsel to consider serious settlement possibilities in advance of trial, ethical issues may arise during settlement negotiations.
Everyday Ethics
Every day, private practitioners encounter ethical dilemmas wrapped around the business of practicing law. In interactions with opposing counsel, thirdparties, and one's own clients, these dilemmas may not appear to be "ethics" issues, but many are. This article discusses four topics that come up fairly routinely.