News & Analysis as of

Legal Ethics

Collecting Information Through Deception Should Not Be Undertaken Lightly

by Burns & Levinson LLP on

While Rules 4.1(a) and 8.4(c) of the Massachusetts Rules of Professional Conduct prohibit attorneys from making false statements to third parties and/or engaging in conduct that is dishonest, fraudulent or involves...more

Three Reasons to Break Up With a Client

by Dentons on

Knowing when to end an attorney-client relationship is fraught with trepidation, especially when it becomes obvious that the relationship is on a troublesome path. It should therefore come as no surprise that withdrawing from...more

No Rules, Just Be Right? The ABA's New Technology Ethics Opinion

by JD Supra Perspectives on

On the heels of the recent Petya ransomware attack, which infected DLA Piper's IT systems, a superb analysis by Peter Norman of the ABA's Formal Opinion 17-477R on lawyers' ethical responsibilities when using information...more

Three Tips for Avoiding Social Media Conflicts

by Dentons on

While most attorneys recognize the value of social media in promoting their practices, attorneys do not always apply the same level of care when using social media in a supposedly personal capacity. However, recent...more

AML Due Diligence Standards for U.S. Lawyers

by Ballard Spahr LLP on

Increasingly, international bodies are calling for higher standards for gatekeepers, known in the parlance of the Financial Action Task Force (“FATF”) as “designated non-financial businesses and professions” (“DNFBPs”)....more

Cybersecurity Steps Every Lawyer Should Consider

All lawyers face technology threats, ranging from the inconvenient to practice-threatening disasters. From unauthorized access, lawyers risk having confidential information stolen, destroyed or made inaccessible. Hackers...more

Eastern District of California Adopts Broad Approach to Screening

by Holland & Knight LLP on

In deciding a disqualification motion based on a conflict of interest resulting from a lateral hire, the U.S. District Court for the Eastern District of California recently adopted a screening-friendly approach in National...more

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

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