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District of Columbia Court of Appeals Holds a Substantial Financial Penalty Imposed on a Withdrawing Equity Partner Constitutes an Implied, Partial Restriction on the Practice of Law in Violation of Rule 5.6(a) of the District of Columbia Rules of Professional Conduct, Rendering the Provision Unenforceable.

May 15, 2021

In Jacobson Holman PLLC v. Gentner, 244 A.3d 690 (D.C. 2021), the District of Columbia Court of Appeals addressed for the first time “the affirmative reach” of Rule 5.6(a) of the District of Columbia Rules of Professional Conduct’s prohibition on “restrictions” on “the rights of a lawyer to practice” after terminating an employment relationship. In…

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Ensuring that the Trial within a Trial is Truly a Separate Trial

May 9, 2021

Practitioners should consider bifurcating the “trial within a trial” portion of a legal malpractice case to avoid prejudice and promote efficiency. A legal malpractice action arising out of litigation is, in practice, two cases in one. In general terms, a plaintiff must prove both that his or her lawyer failed to meet the standard of…

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Eccleston and Wolf and Deputy Bar Counsel Conduct CLE for BCBA on Attorney Grievances: How to Avoid Them and What Happens if You Receive One

May 6, 2021

On April 21, 2021, Eccleston and Wolf attorney Steve Cornelius, along with Deputy Bar Counsel Erin Risch, presented a CLE for the Baltimore County Bar Association on Attorney Grievances: How to Avoid Them and What Happens if You Receive One.  The virtual CLE was focused upon the most common rule violations, tips for your practice…

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Plank v. Cherneski: Maryland Recognizes an Independent Tort for Breach of Fiduciary Duty

March 17, 2021

Does Maryland recognize a stand-alone cause of action for breach of fiduciary duty? According to the Maryland Court of Appeals’ recent decision in Plank v. Cherneski, 469 Md. 548, 231 A.3d 436 (2020), “[c]ourts and commentators have been asking this question for 23 years since this Court articulated its holding in Kann v. Kann, 344…

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OSHA Issues COVID-19 Guidance & Standards Inspection Documents for Employee Safety

January 6, 2021

The United States Department of Labor’s Occupational Safety and Health Administration (OSHA) recently released guidance and standards relating to employee safety in the midst of the coronavirus pandemic. These documents outline the most commonly cited issues during inspections since the pandemic began in March of 2020, and provides insight on how employers should be protecting…

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Eccleston and Wolf Attorneys and Bar Counsel Conduct CLE for MSBA on Risk Management for Lawyers

July 15, 2020

On July 9, 2020, Steve Cornelius, Al Frederick and Glenn Grossman from the Law Offices of Eccleston and Wolf, conducted a live webinar with Bar Counsel, Lydia Lawless, for a review of risk avoidance issues and techniques for lawyers on the subjects of social media, liens, escrow management and other topics.

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