When a conflict of interest crops up during a case, Ethics 101 tells us that the “taint” of that conflict can spread, and potentially knock out all the lawyers of the affected firm. Model Rule 1.10, “Imputation of Conflicts” explains the rule. But how far does that disqualification go? A New York appeals court examined this question in December, and reversed a DQ order in a personal injury suit.
For the first time, court requires “litigation funders” to be disclosed — but only in class actions
On January 26, the U.S. District Court for the Northern District of California became the first to mandate disclosure of litigation funding that parties in class actions receive from outside sources, under a revision to the court’s standing order applicable to all cases. The rule provides that “in any proposed class, collective or representative action, the required disclosure includes any person or entity that is funding the prosecution of any claim or counterclaim.”
Digital dilemma: Who owns litigation database when partners leave a firm?
A high-profile duel over rights to a legal database is playing out in state court in Boston. The warring parties are six former partners and the asbestos defense firm they left, allegedly taking with them high-value file management and other databases. The case, filed in November, raises the question: When partners leave, does a database that includes client information belong to the clients they take with them? Or to the old firm, which says it has invested heavily in developing the proprietary database?
Lawyers and marijuana: disciplinary cases on personal use highlight issues
We’ve written before about the intersection of legal ethics and marijuana, focusing on counseling clients in the marijuana space. But two recent disciplinary cases caught my eye, each involving lawyers’ personal marijuana use, and they highlight interesting issues.
CA Supreme Court rules against “categorical” privilege for public agency legal bills
In late December, a sharply divided California Supreme Court ruled that legal-fee bills in closed cases aren’t necessarily covered by attorney-client privilege. Although the case involved a discovery demand sent to a government entity under the state’s public records act, some lawyers have questioned (sub. req.) how far the privilege limitations might go.
How should firms deal with impaired lawyers? Virginia opinion points to duties
The new year heralds a new start. Many lawyers who struggle with an addiction — alcohol, drugs, gambling, food, sex — use the occasion to resolve to quit their harmful behavior, and there is a nationwide network of confidential bar organizations that can help. But what are the obligations of a firm where an impaired
Batting clean-up on 2016: positional conflicts, settlements and your firm letterhead
You may have some holiday leftovers lurking in your fridge (potato latkes, Xmas goose, black-eyed peas, New Year’s Eve caviar), and we too have some interesting ethics topics that we didn’t have room for during 2016 — so here’s a potpourri, touching on positional conflicts, coercive settlements and maybe how not to use your firm’s