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dkluft.bsky.social
Assistant Bar Counsel, Massachusetts Board of Bar Overseers. Legal Ethics and Attorney Discipline. I post #LegalEthics tidbits & pictures of my cat.
Account unrelated to my employer. https://www.linkedin.com/in/davidkluft/ Boston/Cambridge, MA
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#LegalEthics Tidbit: Can Standby Counsel Just Stand By? When a DE criminal defendant insisted he was going to represent himself, the court appointed a lawyer as standby counsel only. After he pled guilty and was sentenced, the defendant claimed standby ... (cont.) lnkd.in/e4JSgAnj #lawsky #law

Happy #Caturday from Derry Girl, who is in position for another hot day. #cats #catsoastodon

#LegalEthics Tidbit: If I’m already licensed in 15 states, can I just practice anywhere? An attorney held licenses in GA, IA, KY, MN, MO, NC, OH, OR, PA, SD, TN, TX, WA, WI and DC. But that wasn’t enough, so he decided to open a high volume real estate ... (cont.) lnkd.in/esaA4mbw #lawsky #law

#LegalEthics Tidbit: If my client is a government official immune from prosecution, can I advise him to commit crimes? The NYC Bar opines that a lawyer is still bound by the rules of professional conduct when advising a client who has some level of immunity ... (cont.) lnkd.in/g-mFRqXw #law

I need all of #lawsky to see this video from a Colorado appeals court livestream yesterday. I am in actual tears. Sound *incredibly* on, the subtitles will not help.

#LegalEthics Tidbit: If my criminal defense lawyer has never defended a felony before, is that automatically ineffective assistance of counsel? A CO client pled guilty to aggravated motor vehicle theft (of her dad’s truck). She later filed a postconviction ... (cont.) lnkd.in/e7qC6WFJ #lawsky #law

#LegalEthics Tidbit: Not all Rule 4.4(b)’s are Created Equal A NJ/NY attorney represented a former CEO in a lawsuit in New Jersey against a South Korean Company. During a deposition, the attorney started introducing previously unproduced privileged ... (cont.) lnkd.in/eUtQ27za #lawsky #law

#LegalEthics Tidbit: What happens if I make a settlement offer before getting my client’s approval? A MO attorney representing an insurance company didn’t get along with the adjuster assigned to the case, so he went ahead and made a $120,000 settlement ... (cont.) lnkd.in/eHtrRG3y #lawsky #law

#LegalEthics Tidbit: If a sham prospective client is trying to scam me, can I turn them over to law enforcement? ABA Formal Opinion 515 opines that if a lawyer figures out that a prospective client isn’t really who they say they are but is seeking to scam ... (cont.) lnkd.in/egDms3w6 #lawsky #law

I stayed home today so we had extra deck petting. #cats #catsofbluesky #Tortie

#LegalEthics Tidbit: Should the judge grant a mistrial if defense counsel admits to the crime in his opening statement? A MA defense attorney was representing a client accused of running a prostitution ring. He gave an opening statement in which he ... (cont.) lnkd.in/e2F4msP6 #law #lawsky

#LegalEthics Tidbit: It doesn’t matter what the prosecutor “thinks” During a ME domestic violence assault trial, the prosecutor tried to explain an inconsistency in a police report: “I don’t think that based on that you can say that he lied. It was a ... (Cont.) lnkd.in/eDZS7fPT #law #lawsky

#Legal Ethics Tidbit: Can a company that is not a law firm sell legal services to its customers at cost? A TX for-profit company owned by non-lawyers provides litigation management and support services to law firms. The company employs its own inhouse lawyers and ... (cont) lnkd.in/gXPDA8en #law

#OnThisDay in 1878, Eadweard Muybridge took this series of images of a racehorse in motion. A former governor of California reportedly had bet on whether all the hooves were airborne at once, and hired Muybridge to settle the debate: publicdomainreview.org/collection/t... #OTD

Derry is tired out from dodging raindrops yesterday. #Cats #CatsofBlueSky #tortie

Boston Pride/No Kings

Happy #Caturday from Derry Girl, who has discovered the joys of silvervine sticks. #cats #catsofbluesky #tortie

“Tesla’s driverless ‘robotaxis’ could launch in Austin as soon as June 22. But a demo in Austin today showed a $TSLA, manually driven to test its Full Self-Driving system, failed to stop for a child-sized dummy at a school bus—and hit it.” @cbsaustin @velez_tx

#LegalEthics Tidbit: If I get a disciplinary complaint, can I pay an associate to “take the fall” for me? A NY lawyer was accused of falsely notarizing documents outside the presence of the affiant. He called an associate into his office and offered to ... (cont.) lnkd.in/eWBFBY-P #lawsky #law

So, I have a friendly suggestion for next time the city bolts signs to the fence.

Congrats to @bostonlegalaid.bsky.social for 125 Years of Justice for All