AAML
Founded in 1962 to provide leadership that promotes the highest degree of professionalism and excellence in Family Law
To avoid the imputation of conflicts of interest to other members in the firm following a consultation with a prospective client when the consulting lawyer is not retained, a lawyer must take reasonable measures.
What is YES
ABA Formal Opinion 510
Model Rule 1.18
Recording without permission
What is possibly not ethical
Wisconsin Formal Ethics Opinion EF 24-01
May ethically disclose confidential information with informed consent
What is YES
ABA 515
Duty of Candor to tribunal requires lawyers to disclose use of GIA (generative AI).
What is DEPENDS - check your jurisdiction
ABA Formal Opinion 512
Seven
What is the number of years of practice before one can apply to AAML
Also - need to be certified in your state if it offers certification
Attorney may withdraw if client fails to honor fee agreement
What is YES - BUT not if there is a material adverse effect on client
BOUNDS 4.6 and ABA 516
Coaching a client to get admissions, agreements or confidential information from opposing party (their spouse) directly.
What is NOT ETHICAL?
DC Ethics Opinion 385
Attorney’s disclosure of a prior client’s case outcome and representation to a prospective client
What is NOT ETHICAL
OK with informed consent
Oregon Formal Opinion 2024-204 - Use of client information for Lawyers Benefit
I have no intention to ever learn about or use AI
What is Not Ethical
Model Rule 1.1
ABA Opinion 477R
Marlee Honcoop
This is when an attorney can simultaneously represent both a client and a person with whom the client is sexually involved.
HINT: Also when is it okay to represent both a husband and a wife.
When is “never”?
Bounds of Advocacy 3.1 & 3.3
Conflict created when potential client become prospective client and client has reasonable expectation of forming a relationship
Has sensitive information regarding thoughts, impressions, financial info been given . . .
ABA 492
Including client on email to opposing counsel is implied consent for client to receive communication from opposing counsel through “REPLY ALL”
What is ETHICAL
ABA 503
Need client’s informed consent prior to inputting information relating to representation into a GAI tool.
What is YES
Model Rule 1.6
Arizona
State where Laura & Kristi are from
One of 33 chapters (need to have 20 fellows to form a chapter)
Attorney must withdraw after seeing a client in public violating a court order
What is YES if client refuses to address it
AZ EO 20-0007
Attorney should send letter that says:
I am your spouse’s attorney; I do not represent you; I will look out for your spouse’s interests; statements I make are negotiation or argument and not advice; I urge you to obtain your own attorney
What is YES
These written notifications should be given to an unrepresented party at the commencement of the case
Bounds 3.2
A lawyer posts a "hypothetical" on a listserv looking for advice on a case.
What is NOT ETHICAL.
With written consent maybe OK
ABA 511R
Nobody can ever see what I put into my AI program.
What is possibly false?
Information may be saved and accumulated for later use and refinement - so attorney must have understanding whether program is self-learning and protect client confidences if it is
Florida Ethics Opinion 24-1
To guide family lawyers confronting moral and ethical problems, emphasizing professionalism in family law
Why do we have the Bounds Of Advocacy
Should attorney disclose to client a friendship with opposing counsel
What is YES
ABA Opinion 494
Attorney can provide information but not advice to an unrepresented party
What is YES
KBA E-450
Response by attorney to client publicly criticizing them on social media
What is DON‘T DO THIS.
Best advice is to ignore the criticism - may be able to establish a defense
ABA Formal Opinion 496, AZ EO 19-0010
Kentucky EO 448
Billing a client for time spent learning to use a GAI tool that will regularly be used for clients.
What is NOT ETHICAL
ABA Formal Opinion 512