Lawyers have an ethical obligation to understand core principles surrounding the preservation and production of electronically stored information, including steps that can be taken to preserve confidential and privileged data. The author outlines some of the most relevant rules of professional conduct and ethics opinions for litigators dealing with 21st-century technology.
Lawyers who fail to recognize legal malpractice might, even with the best of intentions, end up committing it. Learn more here about identifying and adhering to the applicable standard of care for your legal work.
Poor behavior in the courtroom, including making disrespectful or sarcastic comments, might subject a lawyer to discipline by the presiding judge, says Dean Dietrich.
When do referral fees generate conflicts of interest? In the case of a longtime client’s daughter, referred to another lawyer for a case in a different practice area, when must you comply with informed consent and when might the referral fee generate a conflict of interest?
May 20, 2015 – Do you use a computer, tablet, or mobile device to process, transmit, store, or access client information over the Internet? If yes, welcome to the world of cloud computing. A new ethics opinion provides guidance on what lawyer’s must do to ensure their cloud-computing activities are ethically sound.
Recent cases have led attorneys and courts to focus on obstreperous conduct during the discovery process. This article identifies the intersection between the discovery rules and the rules of professional responsibility and then focuses specifically on how professional responsibility applies to the deposition process – from noticing the deposition, to preparing the witness, to taking and defending the deposition, to post-deposition practices.