We previously discussed whether lawyers can withdraw from a representation simply because they want to and withdrawing would not have a materially adverse impact on the client (think hot potato). But what happens when the lawyer is representing the client before a tribunal? What can lawyers disclose when they have made the
Think your conversations with ChatGPT or Claude are just between you and the machine? Think again.
A groundbreaking ruling out of New York just changed the game for anyone using AI tools to discuss legal matters. In United States v. Bradley Heppner, No. 25 Cr. 503 (S.D.N.Y.), Judge Rakoff of the Southern District of
Lawyers sometimes forget that, as the American Bar Association has noted, we cannot “take off the lawyer hat” to circumvent ethics rules. Likewise, lawyers are not any less susceptible to discipline for ethics violations just because their conduct takes place on social media instead of the courtroom. These are important rules to keep in
Like it or not, artificial intelligence is not going away and it’s evolving—quickly. While AI talk has been brewing for quite some time, many of us assumed AI’s direct effect on our business was still years off. But over the last year the pace of development and use has accelerated exponentially and it is
Joint representations can present a host of ethical issues for lawyers to navigate including what to do with the clients’ file upon termination of the representation. The NYSBA’s Committee on Professional Ethics recently issued Opinion 1249 which explains that in a joint representation, the presumption is that the lawyer will share confidential information received from
On Monday, the Supreme Court dismissed the writ of certiorari as improvidently granted in In re Grand Jury, a case that had potentially significant consequences for federal common law attorney-client privilege. Oral argument in the case was heard on January 9, 2023. The case hinged on which test should be used to determine whether
A Special Master has ordered Google to turn over supposedly “privileged” documents at issue in an NLRB dispute with former employees. Whether it is upheld in this high-profile litigation or not, the ruling points out some significant misconceptions about privilege (and work product) held by many clients and some attorneys.
Anti-union campaign advice does not
Here’s a newsflash: you can’t defend yourself against a client’s bad online review by revealing client confidential information, as the ABA Ethics Committee reminded us in an opinion last week.
We’ve recently reported on the Oklahoma lawyer who was disciplined for his rogue consultant’s conduct in connection with an online review; a New Jersey lawyer
We’ve noted before that just because information relating to your representation of a client might be publicly available, your duty of confidentiality means that you can’t disclose it if it is not “generally known.” The two concepts — public availability and being “generally known” — are not the same, as a New Jersey lawyer learned
As 2020 kicks off, let’s take a look back at situations that got lawyers into ethical hot water last year. They each point to some ways you can stay out of trouble this year.
1. Talk nicely
As widely reported, calling your opposing counsel a “bowl of d- – ks,” among other epithets is