The New York City Bar Association and the New York County Lawyers Association have issued cautions to their members against dissemination of misinformation or disinformation: Attorneys should not “make claims of wrongdoing against officers of the court for which they have no factual basis, or which they know to be incorrect.” Nor should attorneys, especially in “a highly charged environment of public interest,” make comments about “the judicial processes or judicial officers” that “they know to be demonstrably misleading or palpably false.”
This article explores "the nuances in legal ethics rules regarding statements made during representation of a client and those made by lawyers not involved in the controversy," concluding that "the New York bar associations were right to rebuke flagrant falsehoods that target the very rule of law."
September 12, 2022
Bar associations address mis/disinformation
August 10, 2022
Canada: concern over corporate ownership
As more corporate chains are buying up owner-operated dentistry, optometry and veterinary clinics, concern has been raised about the varied levels of reaction by the regulatory colleges. Disclosure of ownership is one area of concern, arguing that the patient deserves to know who the majority owner is rather than allowing the corporate owner to maintain the clinic's independent branding. Conflict of interest is another concern if a clinic is owned by a company that also manufactures prescribed medical equipment which may then be prescribed even if a competitor's equipment is more appropriate for the patient. Discussions have stalled about reforms to address regulatory colleges' legislated authority over companies.
November 18, 2021
Update: South Dakota Appraiser Certification Program subpoenaed
South Dakota's Government Operations and Audit Committee has voted to issue a subpoena to the South Dakota Department of Labor and Regulation for any documents in relation to the governor's daughter's application for her real-estate appraisal certification. The Professional Appraisers Association of South Dakota has spoken in support of allowing the legislature and the public to know the facts involved. Concern has been raised that if the South Dakota Appraisers Certification Program is found not to be in compliance with federal requirements, all appraiser credentials in South Dakota could be declared invalid.
September 29, 2021
South Dakota: debate over governor's conflict of interest with licensing board
Ethics experts are questioning whether South Dakota's governor had a conflict of interest and an abuse of power by calling a meeting with Appraiser Certification Program staff to discuss appraiser certification procedures while her daughter was applying for residential appraiser certification. Following the meeting, the director of the Appraiser Certification Program was asked by the Labor Secretary to retire because of "an inability to change gears," according to an age discrimination complaint filed by the director. The director then received a settlement agreement in exchange for withdrawing the complaint and leaving her job.
