made on the lawyer’s behalf a false or mis-
leading communication about the lawyer or
the lawyer’s services.
Some of us may look at the authorities in the
endnotes and wonder if we, as a profession, are
really still in Kansas anymore. As the profession
takes on more of the trappings of the business
world, we need to be reminded occasionally that
the Rules of Professional Conduct are still the
starting point when we approach and evaluate
new ways of practicing law. In this regard,
remember that most if not all of the ethical
problems discussed here can be resolved with an
appropriately drafted ER 1. 5(b) engagement
1. Opinion 2013-1 (Simultaneous Practice in
Multiple Firms), Board of Commissioners on
Grievances & Discipline, Supreme Court of
Ohio (April 4, 2013).
2. Tom Mason & Semra Mesulam, Legal
Polygamy: Ethical Considerations Attendant
to Multiple Law Firm Affiliations,
MAN. PROF. CONDUCT
3. ABA Formal Ethics Op. 330 (1972);
Advisory Op. 89-35, Board of
Commissioners on Grievances & Discipline,
Supreme Court of Ohio (Dec. 15, 1989).
4. ABA Formal Ethics Op. 90-357 (1990).
5. N. Y.C. Formal Ethics Op. 1995-9 (1995).
6. ABA Informal Ethics Op. 83-1499 (1983);
District of Columbia Ethics Op. 338 (2007);
and see authorities from other jurisdictions
collected at Ohio Ethics Op. 2013-1, supra
note 1, at 4-5.
7. See Ohio Ethics Op. 89-35, supra note 3.
8. Mason & Mesulam, supra note 2, at 5.
9. ABA Formal Ethics Op. 90-357 (1990);
N. Y.S. Ethics Op. 793 (2006); and see ER
1. 10 (Imputation of Conflicts of Interest:
General Rule), Arizona Rules of Professional
10. N. Y.S. Ethics Op. 876 (2011).
11. Mason & Mesulam, supra note 2, at 4-5.
EYE ON ETHICS —continued from p. 10
Montague E. Davis, Tucson
Joe Keilp, Phoenix
Xavier J. Sedillo, Phoenix
Herbert Spencer Fibel, Tempe
Frederick K. Steiner, Jr., Phoenix
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