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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
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
Beginning January 1, 2023, all attorneys in New York must take continuing legal education courses on cybersecurity topics as a condition of practicing law in New York. The new continuing legal education requirement, the first...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
The American Bar Association's (ABA) Formal Ethics Opinion 500, issued on Oct. 6, 2021, examines a lawyer's duties of communication and competence in situations involving language-access issues with clients, where clients may...more
The Supreme Judicial Court Standing Advisory Committee on the Rules of Professional Conduct has solicited comments on proposed amendments to the Rules that will have a broad impact on lawyers’ ethical obligations. The...more
In an ethics opinion issued on January 13, 2021, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility has provided guidance to practitioners on responding to negative online reviews...more
New York attorneys could soon have to complete cybersecurity training courses to satisfy their continuing legal education (“CLE”) requirement. The House of Delegates of the New York State Bar Association (“NYSBA”) has...more
Confidentiality is fundamental to the client-lawyer relationship. Are you talking to your lawyer within earshot of a family member or a third person? Are you talking to your lawyer within earshot of a listening device?...more
In consolidated appeals, a New Jersey appellate court affirmed the trial court's grant of summary judgment in favor of defendants in a legal malpractice action, finding the law firm had only represented the company (a limited...more
As readers of this blog know, corporate executives (and regular employees) are often subject to non-competes in their employment agreements, as well as other provisions designed to ensure that if they leave their job, they...more
Social media is increasingly important in eDiscovery, employment investigations and jury research. Using social media in legal and HR matters raises significant ethical issues. Lawyers and other legal professionals should...more
The Legal Opinions Committee of the American Bar Association’s Business Law Section and the Working Group on Legal Opinions Foundation have recently published their Statement of Opinion Practices and related Core Opinion...more
The pervasiveness of technology in our everyday lives is unmistakable. The next time you walk down a city street, go out for coffee or spend time at a family gathering, take a moment, and reflect upon the number of people on...more
Our adversarial legal system contemplates that each party will have the opportunity to fully investigate the facts of a dispute and bring to the attention of the trier of fact those facts most favorable to its position. This...more
Chief Justice Mark Martin has named 2018 "The Year of Legal Professionalism" in North Carolina. This proclamation will not be the only focus on the professionalism of our lawyers this year, though. Recognition of lawyers with...more
The operator of Avvo, a popular online legal marketplace for lawyers and clients, shut down its Avvo Legal Services product on July 31, 2018, amidst criticism that it was in violation of legal ethics rules. The satisfaction...more
The proper use of social media, blogging, cloud computing, and crowdfunding are just a few of the ever-growing tech-related issues that have ethical implications for attorneys. We must add to the list the cryptocurrency...more
On May 10, 2018, the California Supreme Court issued an order approving a new set of Rules of Professional Conduct, effective November 1, 2018. This represents the first comprehensive overhaul of California's ethics rules...more
• The American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility recently released Formal Opinion 481 addresses the question when a lawyer who has made a mistake must tell the client about...more
When it overturned a federal court’s order suppressing a litigant’s right to publicly gripe about a pending suit late last month, the Ninth Circuit took the opportunity to remind those of us in the legal profession that we...more
I have often called my friend and colleague, Dave Kluft, the master of opposition research. When we have a trademark case together, he can be counted upon to think deeply about our adversaries, see the world through their...more
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
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
It seems everything is moving online these days, including legal services. In a time when more people are apt to send an email or a text than pick up the phone, when people increasingly shop, bank, and even date online, it...more