Rarely does one case identify three separate ethical issues worthy of discussion. However, Justice Fader did me a favor in State of Maryland v. James S. Houston, No. 37, September Term, 2025 (March 20, 2026).
Originally…
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/ Civil Procedure, Criminal Law, Professional Malpractice
There are times when clients switch lawyers. It’s inevitable, and it happens for many reasons. The client may be dissatisfied, the client’s best friend knows a “better” lawyer, or the client may be trying to save some…
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/ Civil Procedure, Civil Remedies
When first getting involved in a case, all lawyers check on the statute of limitations. On the plaintiff’s side, you put it on the calendar as a filing deadline to ensure a complaint is filed timely.
Originally Published in…
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/ Civil Procedure, Professional Malpractice
Most of us have a process for closing out the old year and starting the new one. It’s natural to turn the page when starting a new year because it matches our biorhythms.
Originally Published in The Daily Record - January 8,…
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/ Finance & Banking, Insurance, Labor & Employment Law
The tripartite relationship is a term of art which describes the complex relationship between (1) an insurance company, (2) it’s insured, and (3) defense counsel retained to represent the insured.
Originally Published in The…
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/ Insurance
It had to happen at some point: a lawyer would unsuspectingly submit a brief prepared with the help of generative artificial intelligence to a Maryland appellate court, and our courts would answer the question of what the…
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/ Civil Procedure, Professional Malpractice, Science, Computers, & Technology
Artificial intelligence is transforming how employers recruit and evaluate talent. According to industry research, the percentage of HR leaders actively deploying generative AI jumped from 19% in mid-2023 to 61% by early 2025…
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/ Civil Rights, Labor & Employment Law, Science, Computers, & Technology
Changing firms is a reality of the practice of law. In just 30 minutes of research, I found myriad surveys with data on how often both associates and partners change firms. At a high level, it appears that associates change jobs…
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/ Law Practice Products & Services
In 2024, Maryland adopted Md. Rule 16-310 to explore the use of expanded voir dire, including the possibility of attorney-conducted voir dire. The drafters envisioned a two-year study period, and the Rule was to sunset on…
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/ Civil Procedure, Civil Rights, Criminal Law
Artificial intelligence is en vogue. Lawyers use AI for legal research, briefs, searching and summarizing documents, and for background searches on witnesses and parties, among other tasks. For those of us who are old enough,…
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/ Law Practice Products & Services, Professional Malpractice, Science, Computers, & Technology
In December 1995, I took the oath prescribed in Maryland Business Occupations and Professions Code Ann. 10-212. I swore that I would, “at all times demean myself fairly and honorably as an attorney and practitioner at law; that…
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/ Constitutional Law
Earlier this year, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 514 addressing a lawyer’s obligations for advising an organizational client when the advice might also be relied upon…
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/ Business Organizations
[DISCLOSURE: Although I do not represent the defendant hospital in Jabbi v. Adventist Healthcare, Inc. No. 2071 (Sept. Term, 2023) (March 5, 2025) (reported), I often represent Maryland hospitals seeking to exclude causation…
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/ Civil Procedure
Several weeks ago, attorney Mark Lemley was criticized for having the temerity to terminate his representation of Meta during an ongoing copyright infringement case because of its CEO’s alleged “descent into toxic masculinity.”…
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/ Communications & Media Law, Professional Malpractice
No, I am not referring to the Britney Spears song. Instead, it’s fake case cites, a judge’s admonition, sanctions and impending discipline. Today’s lesson comes from U.S. District Court Judge Kelly Rankin in the District of…
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/ Civil Procedure, Professional Malpractice, Science, Computers, & Technology
