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
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
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
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
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
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
[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
In this two-part series, I interview Gordon J. Calhoun, Esq. of Lewis Brisbois Bisgaard & Smith LLP about his thoughts on the state of ediscovery within law firms today, including lessons learned and best practices to help...more
In this edition of the Lawyers' Lawyer Newsletter we cover the following: - When Do an Attorney's Personal Relationships Create a Conflict Requiring Disclosure to the Client and Informed Consent? - May a Lawyer...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
The nature of tax practice presents a number of unique ethical issues. Tax practice requires compliance with multiple ethical frameworks. This creates ambiguities and raises complex questions. Courts have even questioned...more
On January 9, 2020, the Supreme Court of Virginia approved Legal Ethics Opinion (“LEO”) 1890, which comments on a number of issues under Virginia Rule of Professional Conduct 4.2, “Communication with Persons Represented by...more
After coming under scrutiny by North Carolina Supreme Court officials, appearance-of-impropriety standards are no longer sufficient in determining when former clients may or may not disqualify counsel. As of last April,...more
In his article in Verdict (July 18, 2016), Prof. Ronald Rotunda, responding to comments on pro bono delivered by Supreme Court Justice Sonia Sotomayor at a national conference of the American Law Institute, rightly states...more