Professional Malpractice Electronic Discovery

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Illinois Supreme Court to Consider Discovery Privileges Applicable in Medical Malpractice

In the closing days of its November term, the Illinois Supreme Court agreed to decide an issue of potential importance to the medical malpractice bar: what kinds of documents are privileged from disclosure in a negligent...more

Oklahoma Legislature significantly expands peer review privilege

Oklahoma’s peer review statute provides that peer review information is private, confidential, and privileged. It encourages health care professionals to police themselves by evaluating their peers. It also promotes the...more

Insurance Recovery Law -- November 2014

Payment of Costs Doesn’t Preclude Unfair Trade Practices Claim Against Insurer - Why it matters: In a significant victory for policyholders, Massachusetts’ highest court ruled that an insured had a valid unfair...more

Federal Court Blasts Hospital’s Kitchen Sink Privilege Claim

Lawyers for Chicago’s Mercy Hospital found that out Monday when a federal court ruled on their claim of peer review privilege for hundreds of documents sought by the plaintiff in a malpractice case. The court blasted the...more

Are You Committing E-Discovery Malpractice?

Although this protection is helpful, it is limited by the court’s ability to determine whether a party’s actions were reasonable. Parties therefore should take the matter out of the court’s hands by leveraging other...more

Ethics of Social Media - PowerPoint Presentation

Today, I gave a CLE presentation at the New York City Bar Association about the ethics of lawyers using social media. This is the PowerPoint presentation for the program. ...more

YOU NEED TO FILE A MOTION FOR PROTECTIVE ORDER!!

Over lunch last week, a local attorney was complaining to me about his case that is going to trial in July. On the last day to serve written discovery, Plaintiff counsel had served each of his five clients, on behalf of each...more

Legal Ethics in the Digital Age (Powerpoint)

Delivered on December 20, 2011, as the ethics portion of the Seattle, Washington, Continuing Legal Education seminar (CLE) "Find it Free and Fast on the Net: Strategies for Legal Research on the Web." ...more

Legal Ethics in the Digital Age (text)

Written for the ethics portion of the Seattle Continuing Legal Education (CLE) seminar text "Find it Free and Fast on the Net: Strategies for Legal Research on the Web.” Michael Kaiser presented the ethics portion of the...more

Sample client disclosure concerning attorney-client email communicaitons

This is a sample client disclosure concerning the use of email and texting as a means of communicating between attorney and client; it's potential impact on the attorney - client privilege and a response to ABA Formal Ethics...more

"I Declare, It Is Necessary"

As every lawyer is aware, a party may propound more than 35 specially prepared interrogatories or requests for admissions simply by attaching a Declaration of Necessity pursuant to C.C.P. §2030.040 and C.C.P. §2033.040...more

Your Workplace Computer Is A Lonely Public Roadway

According to the third district appellate court in Holmes v. Petrovich, 2011 DJDAR 671, your office privacy is a lonely public roadway. And where the limits are clearly posted, you had better obey—no matter what kind of...more

HVB Blurb (What's on your office copier?)

This document contains links to an article concerning an investigation by CBS Evening News into privacy concerns associated with digital office copiers....more

"TWEET" THIS: The Ethics of Social Networking

This article explores the ethical concerns created by the explosion of social networking as it relates to law firm marketing, confidentiality and privilege. ...more

Cyberspace in the Workplace

This article examines two cases which require companies to have clear Internet and E-mail use and monitoring policies to avoid violating the Stored Communications Act and/or an employee’s right to privacy. ...more

Attorney Client Text Messages or Texting & Depositions Don’t Mix

During a remote video deposition, the defending attorney and the deponent had very busy hands texting each other. Were these text messages required to be produced to the opposing party?...more

Law Firms Face Competition for Doc Review Work - Law 360

The rise of e-discovery over the last decade has provided law firms with fertile ground for racking up hours on document review, but it has also made the traditional method of having associates conduct the work under the...more

Coupons Not Required: GCs Look for Creative Ways to Save on Legal Costs by Ursula Furi-Perry

There's certainly a lot of talk about alternative fees. In a February article about tying outside legal costs to value, Altman Weil's Pamela Woldow discussed the various ways alternative fee arrangements are manifesting...more

Risks of In-House Processing

The risk of sanctions resulting from 1) corporations doing self-collections of electronic evidence and 2) law firms internally processing a client’s electronic evidence (creating sanction risk for BOTH the firm and its...more

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