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Legal Ethics

Before You Hit “Send”: Ensuring Your Attorney-Client Emails Comply with the new ABA Guidance

by Patrick Law Group, LLC on

Today’s attorneys rely heavily on technology to communicate with clients, especially email. At the same time, given the sensitive nature of many attorney-client communications and the potential windfall to anyone who...more

Encrypting Emails: ABA Issues New Guidance Addressing Security Concerns over Attorney-Client Communications

In May, the American Bar Association (“ABA”) released a Formal Opinion 477, providing guidance on attorney use of emails in communication with clients. In doing so, the ABA has promulgated a new standard when considering the...more

Ohio’s Ethical Limitations on the Use of Attorney-Client Arbitration Clauses

by Reminger Co., LPA on

It is essential for attorneys to understand the interplay between risk mitigation/resolution strategies and the rules of professional conduct. After all, when addressing a risk, attorneys must be careful not to run afoul of...more

Few States Still Have an Ethics Opinion Regarding Lawyer Cloud Usage: eDiscovery Best Practices

by CloudNine on

The Legal Technology Resource Center (LTRC) of the American Bar Association’s (ABA) web site has a great resource for those who want more information regarding a variety of technical topics, including the ethics for lawyers...more

[Webinar] Confidentiality and Privilege: Not One and the Same - June 14th, 12:00 pm CT

by Thompson Coburn LLP on

The lawyer’s duty of confidentiality and the attorney client privilege share a common basis, and both address information a lawyer must protect. However, they are not a single concept, and lawyers often confuse the two. ...more

ABA Issues New Guidance on Safeguarding Electronic Communications

by Holland & Knight LLP on

In a significant opinion published on May 11, 2017, the American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility provided additional guidance on a lawyer's obligations to protect client...more

Guest Post – Justice for Patriots’ Fans

by Reed Smith on

This guest post by Andrew C. Bernasconi, of Counsel at Reed Smith, is about a hopeful development in a False Claims Act case we’ve already blogged about once. The previous post queried, what happens when a FCA relator,...more

Code of Law: If You See Something, Say Something

by Dentons on

The legal profession's system of self-governance relies in part on what is effectively an "honor code" for attorneys. Specifically, when an attorney becomes aware of misconduct by another attorney, many states require that...more

Ethics Committee Blocks Judges From Joining California Cannabis Gold Rush

Yesterday, right on the cusp of 420, the California Supreme Court Committee on Judicial Ethics issued an opinion regarding “Extrajudicial Involvement in Marijuana Enterprises,” stating that judges should refrain from owning...more

Don’t Let New Technology Cloud Your Legal Judgment

Law firms are slowly but steadily moving to the cloud. According to an American Bar Association report, 37.5% of lawyers reported the use of web-based software services or solutions in 2016, up from 31% in 2015, and 30% in...more

Strategies for EEO Compliance: Focus on Leadership, Not Compliance

by Foley & Lardner LLP on

We observed last year that the legal industry is no more immune to the holdovers of sexism than any other profession. As we noted, in a step toward stemming this problem, the American Bar Association has passed a new model...more

Lawyers and Culture in the Financial Services Industry

by Michael Volkov on

The rise of the compliance profession has had a number of positive impacts on the corporate governance landscape. One of the most important results has been increased focus on corporate culture....more

Ex-General Counsel Dodged Privilege Claims Before $14.5 Million Verdict

by Zuckerman Spaeder LLP on

In our last post, we detailed how Sanford Wadler, the former general counsel of Bio-Rad Laboratories, won a $14.5 million verdict against Bio-Rad. Before Wadler could get to a jury, however, he had to surmount a...more

Craig Ball of Craig D. Ball, P.C., Part 2: eDiscovery Trends

by CloudNine on

This is the sixth (and final) of the 2017 Legaltech New York (LTNY) Thought Leader Interview series. eDiscovery Daily interviewed several thought leaders at LTNY (aka Legalweek) this year to get their observations regarding...more

Jason R. Baron of Drinker Biddle & Reath LLP, Part 2: eDiscovery Trends

by CloudNine on

This is the fifth of the 2017 Legaltech New York (LTNY) Thought Leader Interview series.  eDiscovery Daily interviewed several thought leaders at LTNY (aka Legalweek) this year to get their observations regarding trends at...more

David Horrigan of kCura: eDiscovery Trends

by CloudNine on

This is the second of the 2017 Legaltech New York (LTNY) Thought Leader Interview series. eDiscovery Daily interviewed several thought leaders at LTNY (aka Legalweek) this year to get their observations regarding trends at...more

Sweeping Changes Proposed to Virginia Lawyer Advertising Rules

by Sands Anderson PC on

The Virginia State Bar, like most regulators of lawyers around the country, regulates lawyers' advertising. Sweeping new rules proposed by the Bar will dramatically simplify, and in many ways improve, these rules. ...more

2016: Our Greatest Hits

Last year we explained how companies could protect their social media currency and heed the FTC’s warning on native advertising. We examined court opinions establishing the criteria for enforceable website terms of use and...more

Lawyers Beware: Sending Native File Documents to Third Parties May Violate Your Ethical Obligations

The rules governing discovery of electronically stored information, though not fully developed, have matured enough to provide the basic “do’s and don’ts” for attorneys. Frequently, a party must produce electronic documents,...more

Arbitrate with Caution – Avoiding the Unauthorized Practice of Law

by Robins Kaplan LLP on

As technology continues to progress and enable companies and individual clients to do business in multiple jurisdictions, the prevalence of the multijurisdictional practice of law (MJP) is increasing for attorneys and law...more

The downside of social media

by Ary Rosenbaum on

Social media is an amazing thing except when it isn’t. It’s a great way to share information about your business, start relationships, and expand your network. I remarked to the current Dean of my old law school that despite...more

What Are Our Obligations With Regard to a Client’s File?

by Butler Snow LLP on

Recently, while catching up on my “pleasure” reading — the November issue of The Alabama Lawyer — during a lunch break, I came across an article from the Office of General Counsel regarding the “Retention, Storage, Ownership,...more

From Federal Procedure Rules to State Bar Association Rules —Lawyers Need Tech Skills to Remain Competent

by Butler Snow LLP on

Today, amendments to the Federal Rules of Appellate, Civil, Criminal, and Bankruptcy Procedure go into effect. Based on these amendments, litigators may want to brush up on their tech skills. In fact, litigators may be...more

The Panama Papers Make ‘Share Everything’ Security Policies a Thing of the Past

by Prosperoware on

The breach of the Panamanian law firm, Mossack Fonseca, two weeks ago and the ensuing leak of 11.5 million documents — 2.6 terabytes of data — to the press revealed in extraordinary detail how offshore bank accounts and tax...more

Don’t Get Tagged – Avoiding Ethical Missteps with Social Media Investigations

by Robins Kaplan LLP on

As the number of people who interact on social media surpasses the one billion mark, attorneys are catching-on and turning to various platforms for investigative purposes and as informal discovery tools. We all know that the...more

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