Last week the US Chamber of Commerce, through its Center for Capital Markets Competitiveness, issued a white paper proposing wide-ranging changes to the SEC’s enforcement process. Most of the 28 recommendations were...more
“Electronic document creation and/or storage, and electronic communications, have become commonplace in modern life, and discovery of ESI is now a frequent part of almost any litigated matter. Attorneys who handle litigation...more
SUPREME GHOSTBUSTERS: RHODE ISLAND SUPREME COURT IMPOSES LIMITATIONS ON GHOSTWRITING.
The Rhode Island Supreme Court “ain’t afraid of no ghost.” In a long-anticipated, unanimous decision, the Rhode Island Supreme...more
In United States ex rel. Holmes v. Northrop Grumman Corp., No. 1:13-cv-85, 2015 WL 3504525 (S.D. Miss. June 3, 2015), the court answered this question with a resounding “no” and provided a laundry list of ethical violations...more
In This Issue:
Judgments; Legislation; and Reports.
Excerpt from Reports:
27 March 2015 - Public consultation opens on draft Principles and guidelines for the care and use of non-human primates for scientific...more
Common scenario: You do some work for a client and then pass off the client to another attorney, agreeing to split the attorney fees. Later you want to get your share of the fees. The Rules of Professional Conduct require...more
In light of recent changes to the ABA Model Rules of Professional Conduct, what are a lawyer’s ethical duties arising from new technology? And what should a lawyer know about technology?
Model Rules’ Technology and...more
There has been some confusion in recent years regarding how state disciplinary boards would – or should – treat lawyer and law firm blogs. While commentators and ethics boards have generally agreed that comments by a blogging...more
The Business Court on Wednesday disqualified a law firm from representing its longtime corporate client in a lawsuit against the corporation's former CEO and Chairman of its Board of Directors....more
Last month, a Pennsylvania federal judge rejected a company’s claim to attorney-client privilege as an obstacle to pursuit of a sex discrimination suit brought by a lawyer and former employee....more
Rule 1.1 of the Model Rules of Professional Conduct requires that all lawyers provide “competent representation to a client.” In August 2012, the ABA added new language to Model Rule 1.1, comment 8:
To maintain the...more
The Rules of Professional Responsibility speak to the ethical boundaries for a lawyer’s conduct in connection with witness preparation only indirectly. Rules 1.1 and 1.3 describe competence, diligence, and zeal; and Rule 3.3...more
Law firms increasingly turn to “cloud services” for processing and storing confidential client information because of their greater flexibility and efficiency. Use of “the cloud,” however, outsources the administration,...more
Blawg rules. The California State Bar has issued an opinion outlining the circumstances under which an attorney’s blog would be subject to the requirements of the California State Bar Act’s Rules of Professional Conduct...more
Disqualifying Celgard’s appellate counsel due to a conflict of interest, the U.S. Court of Appeals for the Federal Circuit, in a non-precedential opinion, found that Celgard’s preliminary injunction preventing LG Chem from...more
The Workers Compensation has broad jurisdiction to award or apportion attorneys’ fees in connection with counsel’s work before the Commission. But what if one of the attorneys didn’t appear before the Commission, and the...more
From legal adviser to business strategist to compliance officer, an in-house counsel typically finds herself playing multiple roles in her organization. Each role requires knowing the organization's business, understanding...more
Barry P. Goldberg is asked this question all the time. Usually, it is in the context of a perfectly good client wanting to switch lawyers to one that is reasonably responsive. I say “reasonably” because most of these...more
The California Supreme Court has returned to the State Bar 17 revisions to the California Rules of Professional Conduct that the Bar had previously submitted to the court. The court asked the State Bar to set up a second...more
Attention has recently been paid to the duty of competence outlined in comment 8 to ABA Model Rule of Professional Conduct 1.1, which requires lawyers to understand the “benefits and risks associated with relevant...more
In this presentation:
- ABA Survey Of Attorney Social Media Use In Aug 2013
- Social Media Is Here To Stay….
- Social Media Platforms In Play For Attorneys
- Social Media At Issue
Discovery can bring the best of times and worst of times. I recently had a case dismissed outright the morning after a deposition because the information obtained by the witnesses was so helpful to our defense of the case....more
Seasoned litigators know how important it can be to have a good relationship with courtroom staff. Bringing holiday treats or morning coffee can certainly bolster that relationship, but is it ok to do?
As a matter of professional responsibility, California attorneys must avoid conflicts of interest with current and former clients. Beyond these ethical obligations, there are also practical reasons to avoid a new client who...more
You’re litigating a case and your client dies. What do you do? What are your ethical obligations?
One of the first questions you have to ask yourself when you client dies is, “who is my client now?” The answer is...more
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