Confession: I’m a lawyer who’s married to a lawyer. If that’s your situation too, then you know some of the challenges — how life at home falls apart when you both have trials scheduled; the strain on the budget in those early days when you’re paying off two sets of law school loans; playing rock-paper-scissors
Failing to notify opposing counsel of client’s “burn files” leads to disqualification in NJ case
What are your ethics obligations when your client gives you documents that the client may not be entitled to have? Model Rule 4.4(b), adopted in some form by most jurisdictions, provides some guidance. Applying it, together with other principles, a New Jersey appeals court, in an unpublished ruling, recently disqualified a firm from
Insured’s non-cooperation is confidential information, says TX ethics opinion
We’ve written before about what you can and cannot say when withdrawing from representation. Now a Texas bar ethics opinion adds a twist: what can you tell an insurance company that retains you to represent its insured, when the client won’t cooperate?
Lonely in the Lone Star state
A Texas lawyer had a quandary. An
Watch those hypotheticals, says ABA in new opinion on blogs, tweets, “public commentary”
We’ve written before about the breadth of the duty of confidentiality we owe to our clients, and how it even extends to matters that you think are safe to discuss because they are of “public record.” (See here and here.) Now comes the ABA’s latest on the subject of lawyer “public commentary” — Formal
ABA explains when former-client info is “generally known” and can be used
Holiday parties are great times to socialize and network with colleagues. But the casual atmosphere and the sometimes-plentiful adult beverages can also tempt you to tell war stories that reveal too much about your past clients, potentially violating your continuing duty of confidentiality under Model Rule 1.9. But what’s “too much”? If something about
Loose lawyer lips give NYT reporter a scoop: confidentiality lessons
You’ve probably read about the New York Times reporter who says that he overheard lawyers for President Donald Trump discuss the ongoing Russia investigation at a Washington, D.C. restaurant, and then reported on the talk — which revealed details of a strategy debate, the alleged existence of documents “locked in a safe,” and other purported
Client confidentiality at the border: suit filed to block warrantless searches of e-devices
The ACLU and the Electronic Frontier Foundation have sued the Department of Homeland Security to block U.S. Customs and Border Protection personnel from searching travelers’ electronic devices without warrants. This has implications for lawyers who cross in and out of the U.S. with phones and laptops containing confidential client information. The CBP’s policy, which the
U.S. border searches of e-devices: NYC bar advises on confidentiality duty
Travelling abroad for work? What should you do if a Customs and Border Patrol agent, claiming lawful authority, demands that you unlock your computer or thumb drive or cell phone — full of client confidential information — and hand it over to be searched as you cross the U.S. border?
Former GC wins $8 million; SOX pre-empted state ethics rule on client confidentiality
A whistle-blowing general counsel won an $8 million federal jury verdict earlier this month, in a case that might encourage other GC’s to call out corporate wrongdoing.
Continue Reading Former GC wins $8 million; SOX pre-empted state ethics rule on client confidentiality
What can you say when the client doesn’t pay? ABA opinion gives withdrawal guidance
Old-time lawyers say that it used to be easy to get the court’s permission to withdraw from a case. You would just go to the judge and state, “Your Honor, we are not ready to go forward, and I am seeking leave to withdraw, because Mr. Green has not arrived.” You know: “Mr. Green” aka the moolah, aka the promised fee from the client. And, so the story goes, the judge would bang the gavel and grant your motion.
Continue Reading What can you say when the client doesn’t pay? ABA opinion gives withdrawal guidance