Are there limits on employees or agents of a law firm soliciting work for the firm from individuals known or reasonably believed to be in need of legal services for a particular matter? In a recently issued opinion, the...more
In Formal Opinion 498, issued on March 10, 2021, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility has provided some guidance on the ethical obligations triggered when a lawyer...more
3/26/2021
/ American Bar Association (ABA) ,
Attorney Malpractice ,
Bring Your Own Device (BYOD) ,
Client Services ,
Confidential Information ,
Cybersecurity ,
Data Privacy ,
Electronic Communications ,
Law Practice Management ,
Legal Ethics ,
Legal Project Management ,
Professional Liability ,
Remote Working ,
Risk Management ,
Trust Accounting
In an ethics opinion issued on January 13, 2021, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility has provided guidance to practitioners on responding to negative online reviews...more
2/1/2021
/ American Bar Association (ABA) ,
Defamation ,
Duty of Confidentiality ,
Legal Ethics ,
Legal Perspectives ,
Online Reputation ,
Online Reviews ,
Professional Liability ,
Reputation Management ,
Risk Management ,
Rules of Professional Conduct ,
Young Lawyers
Having previously issued emergency orders permitting remote notarization during the current public health and safety emergency (Section 3 of Executive Order 7K, issued March 23, 2020), Governor Lamont has issued a new order...more
The national coronavirus pandemic, and the unprecedented conditions of statewide lockdowns to protect public health, mean that law firms, like all businesses, face an ever increasing number of uncertainties in managing their...more
3/31/2020
/ Business Closures ,
Business Continuity Plans ,
Client Services ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Filing Deadlines ,
Judicial Proceedings ,
Legal Representatives ,
Notarization ,
Operators of Essential Services ,
Pending Litigation ,
Statute of Limitations
When a lawyer intends to move from one law firm to another, uncertainty and suspicion frequently beset the period of transition between Firm A and Firm B. To bring some clarity to that often fraught situation, the ABA’s...more
A recent legal malpractice decision from the United States Court of Appeals for the Sixth Circuit provides a stark cautionary tale about the dangers for a law firm when the firm either neglects to send an engagement letter at...more
7/11/2019
/ Attorney Malpractice ,
Buying a Business ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Engagement Letters ,
Law Practice Management ,
Legal Ethics ,
Liability ,
Pensions ,
Professional Liability ,
Risk Management
A recent decision by the New York State Appellate Court highlights why a law firm should precisely identify in its written engagement agreement what tasks the client should and should not expect the firm will perform. Genesis...more
One of the most commonly misunderstood terms in the Rules of Professional Conduct is contained in the admonition of Rule 1.9(c)(1) (“Duties to Former Clients”) that a lawyer may not “use information relating to the...more
In September 2016, the Connecticut Supreme Court issued a decision providing guidance on questions that frequently bedevil in-house counsel: are internal communications to and from in-house counsel protected by the...more
In a December 5, 2016 decision, a Connecticut trial court (Huddleston, J.) addressed the limitations on the Connecticut Commissioner of Consumer Protection in enforcing a so-called "investigative demand" served under the...more
As you know, effective January 1, 2017, every active Connecticut licensed attorney will be required to complete at least 12 credit hours of continuing legal education each year. Of the 12 hours, at least two of the hours...more
July 7, 2016 David P. Atkins On June 30, 2016, the New York State Appellate Division for the First Department (Manhattan) issued a significant decision on the scope of the so-called in-firm attorney-client privilege....more
A recent decision by a New York State Appellate Court has again reminded law firm risk managers of a possible law firm obligation to clients, especially those recently served with a lawsuit. The Court held that defense...more
In its recent decision in Flannery v. Singer Asset Finance Co., LLC, 312 Conn. 286 (2014), the Connecticut Supreme Court provided a perfect illustration of how important it is for a law firm to have in place a mechanism for...more
Regulatory Review of Attorney Advertising in Connecticut -
Since July 1, 2007, the Statewide Grievance Committee has had two principal ways to address concerns about attorney advertising. First, under Practice Book...more
If you attended our law firm risk managers' lunch forum in April, you will recall that two closely-watched cases - one in Georgia the other in Massachusetts - were then pending, involving the scope of the attorney - privilege...more