No Shield for Investigation Interviews, District Court Holds in D.C. Transit Authority Case

By | The Law for Lawyers Today | June 22, 2017
Whether you are in-house or outside counsel, your clients want the attorney-client privilege and/or work-product shield to apply to materials created as part of an internal corporate investigation.  But the applicability of these doctrines is very fact-specific, and difficult facts can doom that desired outcome.  View Full Post
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Bring Third-party Funders Out of “the Shadows,” U.S. Chamber Asks Federal Rules Committee

By | The Law for Lawyers Today | June 15, 2017
Litigation funding is in the news again, with the U.S. Chamber of Commerce spearheading a request to amend the Federal Rules of Civil Procedure to require initial disclosure of all third-party agreements for compensation that are “contingent on, and sourced from, any proceeds of the civil action, by settlement, judgment or otherwise.” View Full Post
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LinkedIn Profile Helps Draw Bar Discipline in Two States for Lawyer Who Wasn’t Licensed

I love LinkedIn, but here’s a potential hazard — what you say there can and will be used against you if you’re engaged in the unauthorized practice of law. A Colorado lawyer found that out the hard way:  he was suspended in Pennsylvania for a year, and got the same discipline in Colorado, where he was licensed.  View Full Post
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Too Many Objections Draws Deposition Sanctions from District Court for Frustrating Fair Exam

Businessman with boxing gloves punching man in the faceWe’ve written before about deposition conduct that crosses the line between valid advocacy and sanctionable misconduct.  Here’s the latest example, in which a New York federal magistrate imposed sanctions on a defense lawyer for the City of New York, who interjected over 750 statements on the record, including more than 600 objections across 84 percent of the deposition transcript pages. View Full Post
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Join ‘em if You Can’t Beat ‘em? NC Considers Ethics Rule Changes to Aid Avvo-like Services

Avvo Legal Services has been meeting with North Carolina bar regulators, resulting in a draft proposal that would amend several legal ethics rules and make it easier for Avvo to operate in the Tar Heel State, according to Prof. Alberto Bernabe, a Chicago law professor who has seen some of the relevant documents, and blogged about them last week. View Full Post
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Virginia Simplifies and Modernizes Lawyer Advertising Rules; Who’s Next?

Based on a perceived need to “simplify and modernize” lawyer advertising rules, the Commonwealth of Virginia’s supreme court has adopted a new set of regulations that will make it easier for lawyers there to market their services.  The slimmed-down rule, effective July 1, will consist of a single provision that bars false or misleading communications, plus a revised rule on soliciting clients. View Full Post
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Tech Innovation Must Shape Legal Practice, ABA Futures Comm’n Chair Says

By | The Law for Lawyers Today | April 28, 2017
Road Sign with THE FUTURE and SkyWhat is the future of legal services in the U.S.?  How should the enormous unmet need for services — to the middle class and to the poor — be met?  Judy Perry Martinez, the Chair of the ABA Commission on the Future of Legal Services, was in Cleveland last week, and discussed the Commission’s 100+ page report and some of its controversial recommendations.  View Full Post
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What if? Ohio Board Issues Succession-planning Guide for Lawyers

By | The Law for Lawyers Today | April 20, 2017
What if you suddenly became disabled and couldn’t handle your law practice?  Or, if you were to die, who would deal with your pending matters?  Who has the password for your computer?  Who knows where you bank? The Ohio Board of Professional Conduct last week published an ethics guide titled “Succession Planning” that addresses these issues, and it’s worthwhile reading if you practice on your own or in a small firm, in any jurisdiction. View Full Post
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Client Choice, Communication Are “paramount” When Firm Dissolves, Says D.C. Ethics Opinion

By | The Law for Lawyers Today | March 23, 2017
Dissolving a law firm is a process, not an event, the D.C. Bar Legal Ethics Committee said in a new opinion released earlier this month, and some ethical obligations continue even after dissolution.  “The paramount” principle, said the committee, is to “continue to competently, zealously and diligently represent and communicate with the clients during the dissolution process.” View Full Post
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