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This blog post is the third in a series on common ethical challenges that arise while preparing for and conducting depositions. Insurers and large corporate legal departments are sophisticated consumers of legal services, but...more
Finding an attorney who is the right fit can be tough and it may mean you have to speak to more than one before you find someone you like. Have you ever wondered what happens if you decide to retain one attorney over the...more
By now most lawyers are familiar with the story of DoNotPay, the company that promised to provide a traffic offense defendant with a “robot lawyer” to fight the ticket in court. The plan went like this: The defendant would be...more
Mistakes sometimes happen. One of the most serious mistakes attorneys can make is to inadvertently disclose privileged or otherwise protected information during discovery. This may sound easy, but in the electronic era, where...more
Early in 2023, New York lawyer Steven A. Schwartz found himself in a bind when faced with a motion to dismiss an action he had commenced in state court that was subsequently removed to the District Court for the Southern...more
We previously wrote about the widely-publicized Southern District of New York case involving lawyers who submitted papers citing non-existent cases generated by the artificial intelligence program ChatGPT, Mata v. Avianca,...more
Artificial intelligence (“AI”) is not entirely foreign to the legal profession. AI-powered legal research databases, eDiscovery automation, and juror intelligence services are just a few examples of how lawyers have engaged...more
The COVID-19 pandemic, along with government stay-at-home orders, required millions of professionals to work from home, including attorneys. However, as the pandemic comes to an end, many attorneys wish to continue to work...more
You may not have heard the phrase before, but most likely you have encountered a “litigation terrorist” – an attorney who deliberately creates chaos in litigation. This is a growing trend in litigation and can manifest...more
Last week, the State Bar of California filed an 11 Count Notice of Disciplinary Charges against John Eastman for “legal” services rendered to former President Donald Trump and others promoting the idea that the 2020...more
We have come a long way from the era when only criminal defense attorneys dealt with violations of cannabis laws. Today legalized cannabis is a burgeoning area of law that has many firms, large and small, trying to get a...more
The American Bar Association (ABA) has issued its second formal opinion concerning Model Rule 4.2 in as many months. The so-called “no-contact rule” prohibits a lawyer from having contact with a represented party about the...more
An attorney practicing in Illinois, Felipe Nery Gomez (respondent), was suspended from the practice of law for three years as a consequence of sending threatening and harassing e-mails in violation of Rules 4.4(a) and 8.4(d)...more
Regardless of communication barriers that various client circumstances may present, lawyers owe their clients the duties of competent representation and effective communication...more
Technology can be a curse or a comfort for lawyers. It promises to make you more efficient, but who has the time to learn it all? (And doesn’t that take away from the sacred billable hour?) Integrating the right tools...more
The recent case of Edelson, P.C. v. Girardi, et al.[i] shows what can happen when a fee-sharing agreement goes bad. Edelson, P.C. claims that it acted as Illinois local co-counsel for California law firm Girardi Keese under...more
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
Brief Summary - A California appellate court held that it is a violation of the duty of candor for an attorney to prosecute an appeal while failing to cite known authority that the court has no jurisdiction to entertain...more
It's one of the most gut-wrenching events in a lawyer's practice when they suspect the client is lying about the facts to cover up fraudulent or criminal activity. The client may be hiding liabilities when applying for a loan...more
There is a well-worn joke about a lawyer who runs into an old acquaintance on the street. “I’m so glad to see you!” the friend exclaims. “I’m in terrible trouble—can I ask you a couple of questions?” “Of course,” replies the...more
In a case of first impression in North Carolina, a judge for the North Carolina Business Court was recently asked to decide whether a single law firm may simultaneously represent both a corporation and its individual...more
Before you pack up your pumpkin-spiced lattes and bring out your Holiday decorations, we have a ghoulish edition of the Lawyers' Lawyer Newsletter for you. We start with some Tricks for effective communication. Spoiler alert...more
Attorney-client privilege. Most people have heard of it, and most have a general idea it means. But what, exactly, is attorney-client privilege? What's its purpose? What does it cover? When does it begin and end? Can...more
[co-author: Stephanie K. Benecchi] Why the term “zeal” as used in the ABA Model Rules is misleading and potentially harmful, and why its removal will result in rules that clearly set out a lawyer’s ethical obligations...more
A new ethics opinion from New Jersey turns the concept of “implied consent” under ABA Model Rule 4.2 on its head. The March 10, 2021 Ethics Opinion from New Jersey - A recent opinion from the New Jersey Advisory Committee...more