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Client Representation Attorney-Client Privilege

Fishman Haygood LLP

Ethical Rules for Using Generative AI in Your Practice

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At the risk of stating the obvious, we are still in the early days of what we believe to be an “AI Revolution” in the way that goods and services, including legal services, are and will be provided. That means that we do not,...more

Carr Maloney P.C.

Can Chat-GPT Be My Co-Counsel? The Rise of AI and Its Implication on the Attorney-Client Relationship

Carr Maloney P.C. on

We are halfway through 2024 and one thing is clear: the “AI” marketing is booming. Nvidia, the software company dubbed the “artificial intelligence titan,” has a market cap of over $3 trillion and recently issued a 10-for-1...more

Robins Kaplan LLP

Unintended Consequences: Don’t Forget the Litigation Risks When Getting a Deal Done

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Transactional attorneys play a key strategic role in drafting essential documents, such as corporate formations and contracts, on behalf of corporate clients. With a client’s current needs at the forefront—often accompanied...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Rules of Engagement: Setting the Proper Scope of Representation to Protect the Client and the Lawyer

Ideally, the attorney-client relationship begins once a signed written engagement agreement is in place, which clearly outlines the clients who will be represented and the agreed scope of legal services. A properly drafted...more

Hinshaw & Culbertson - Lawyers for the...

Illinois Appellate Court Affirms That Attorney Representing a Closely Held Business Does Not Owe a Duty to its Managing Member

An appellate court in Illinois declined to expand the scope of the third-party beneficiary theory espoused in Pelham v. Griesheimer, 92 Ill.2d 13 (1982) and affirmed summary judgment in favor of the law firm and its partners....more

Hinshaw & Culbertson - Lawyers' Lawyer...

Legal Ethics Trend – Representing Clients with Diminished Capacity

The #FreeBritney movement catapulted the ethical challenges of conservatorships into the public eye. Pop icon Britney Spears, whose father was appointed as her conservator in 2008, stands at the center of this cultural...more

Holland & Knight LLP

Beyond Politics: Attorney-Client Privilege and Work Product Protection

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American Bar Association Model Rule 2.1 and its state law equivalents recognize that in advising a client, a lawyer may take into account and refer to "moral, economic, social and political factors that may be relevant to the...more

Downey Brand LLP

Final Ethics Opinion Guides Lawyers on Clients with Diminished Capacity

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We wrote last July about a draft California ethics opinion regarding clients who may have diminished mental capacity. After receiving public comment, the State Bar’s Standing Committee on Professional Responsibility and...more

Vinson & Elkins LLP

An Important Reminder Regarding the Scope of the Attorney-Client Privilege in the Corporate Setting

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Earlier this year, a federal judge in the Northern District of California ordered Elizabeth Holmes (“Holmes”), the founder and former CEO of now-defunct Theranos, Inc. (“Theranos”), to disclose communications between herself...more

Proskauer - Minding Your Business

More Lessons Learned from Theranos: Ensuring Privilege Protections

The prosecution of Elizabeth Holmes, founder of the infamous healthcare and life sciences company, Theranos, Inc., has sparked media attention around the country. With just a few months before trial is slated to begin, Holmes...more

Downey Brand LLP

Ethics Opinion Guides Lawyers on Counseling Clients with Diminished Capacity

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What are the ethical obligations of a California lawyer for a client with diminished mental capacity? The ethics committee of the State Bar of California answers this key question in draft Formal Opinion No. 13-0002, with...more

Goodwin

Former Theranos CEO Denied Attorney-Client Privilege Over Communications with Company Attorneys

Goodwin on

Former Theranos CEO Denied Attorney-Client Privilege Over Communications with Company Attorneys; District of Massachusetts Allows Putative Securities Class Action to Proceed Against OvaScience Investors; Delaware Chancery...more

Butler Snow LLP

The Texas Multiple Personality Privilege: Privileged Communications with an Expert Witness Who is Also Your Client

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Over a decade ago, the Texas Supreme Court held that any document provided to a testifying expert in anticipation of her testimony must be disclosed to the other side, regardless of whether the expert relied on the document....more

Michigan Auto Law

How to fire a lawyer

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Knowing how to fire a lawyer may be one of the most important things that a car accident or personal injury victim can learn. People go to lawyers for help. But sometimes people go to the wrong lawyer....more

Esquire Deposition Solutions, LLC

What to Consider Before Agreeing to Joint Defense

In matters of representation in complex cases, litigators have a responsibility to protect a client’s case and defend their right to invoke the Fifth Amendment. But these ideals become compromised when a lawyer deposes...more

Carlton Fields

Considerations Regarding Attorney-Client Privilege In The Joint Representation Of Multiple Clients

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The attorney-client privilege is one of the cornerstones of the legal profession. Despite the privilege’s sacrosanct nature, there are exceptions to the well-established rule that the communications between an attorney and...more

Holland & Knight LLP

ABA Clarifies Lawyers' Confidentiality Obligations Regarding Online Public Commentary

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• 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

Poyner Spruill LLP

Indemnification Clauses and Defining the Relationship

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We typically think an attorney-client relationship is something that has an unmistakable beginning. One day a client says, “I want you to be my attorney.” To which the attorney replies, “Sure, I will be your attorney.”...more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - June 2016

Disqualification — Substantially Related Matters — Waiver of Conflict by Lack of Diligence in Seeking Disqualification - State of Minnesota, et al v. 3M Company, Hennepin County (Minn.), Court File No. 27-CV-10-28862...more

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