In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small sits down with fellow litigation attorney Trish Rich for a conversation on the importance of civility in trial law. Their...more
As litigation funding becomes more commonplace, courts are having to determine how a wide variety of laws apply to litigation funding agreements. Until now, courts have primarily focused on two issues: 1) whether or when...more
The American Bar Association (ABA) has issued Formal Opinion 498, which outlines several of the ethical implications of maintaining a virtual law practice but focuses primarily on data privacy and security issues. Although...more
Illinois Gov. JB Pritzker issued Executive Order in Response to COVID-19 on March 20, 2020, ordering Illinois residents to "stay at home" and many businesses to cease operations. The Executive Order went into effect on March...more
• In Bridgepoint Construction Services, Inc. v. Newton, et al., the California Court of Appeal recently affirmed a trial court's decision to disqualify an attorney from representing multiple clients who all sought damages...more
• In Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Company, Inc., the Supreme Court of California held that an attorney-client engagement agreement that is arguably tainted by an unwaived or inadequately...more
9/10/2018
/ Appeals ,
Arbitration ,
CA Supreme Court ,
Conflicts of Interest ,
Disgorgement ,
Engagement Letters ,
Ethics Breach ,
Legal Fees ,
Quantum Meruit ,
Qui Tam ,
Remand ,
Rules of Professional Conduct ,
Waivers
• The American Bar Association (ABA), on March 6, 2018, issued Formal Opinion 480, which specifically examines confidentiality obligations for lawyer blogging and other public commentary.
• Notably, the opinion recites the...more
3/15/2018
/ American Bar Association (ABA) ,
Attorney-Client Privilege ,
Blogs ,
Client Data ,
Client Representation ,
Confidential Information ,
Electronic Communications ,
Law Firm Associates ,
Law Firm Ownership ,
Law Firm Partners ,
Mandatory Disclosure Rules ,
Personally Identifiable Information ,
Professional Responsibility ,
Public Communications ,
Public Information ,
Young Lawyers
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
5/17/2017
/ American Bar Association (ABA) ,
Attorney-Client Privilege ,
Confidential Communications ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Duty of Competence ,
Duty to Communicate ,
Electronic Communications ,
Legal Ethics ,
New Guidance ,
Professional Responsibility ,
Young Lawyers
Virginia's recent adoption of a new ethics rule will provide guidance on a common issue to lawyers and law firms managing lawyer departures. For years, lawyers and law firms have handled difficult and sometimes contentious...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
In a question of first impression, the Massachusetts Court of Appeals recently held that trial court judges have discretion to award attorneys' fees for work performed by in-house counsel for claims brought under the state's...more
The New Jersey Supreme Court recently issued an opinion that, for the first time in New Jersey, expressly adopted the "common interest doctrine." The July 21, 2014, opinion provided confidentiality protections for...more