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
Competence
Corporate Transparency Act: Ethical Considerations for 2024
If you have not heard of the Corporate Transparency Act (CTA), now is the time to become familiar. Millions of companies will be affected by its reporting requirements. With the effective date being right around the corner, all lawyers need to be thinking about the CTA. The CTA, which Congress passed as a component of…
ABA distinguishes between legitimate witness preparation and improper coaching tactics
The ABA Standing Committee on Ethics and Professional Responsibility, (the Committee”) recently issued Formal Opinion 508—which highlights the differences between proper witness preparation and unethical “coaching.” The Opinion also sheds light on how remote platforms have paved the way for easier and less detectable means of improper coaching.
What is allowed?
Discussing testimony with…
Ohio lawyers given the green light to hold cryptocurrency in escrow
Just last month, Ohio issued Opinion 2022-07, which allows lawyers to hold cryptocurrency in escrow, under certain conditions. It is no secret that technology tends to outpace the law, so the clarity is certainly welcomed. While this opinion sheds light on murky territory, lawyers still must proceed carefully as many ethical concerns remain.
Property…
What not to do when you make a mistake
Maybe you were lucky and opposing counsel was able to delete the inadvertent email you sent her before she read what would have inevitably blown your whole case. But what about for those lawyers who were not so fortunate? Did you commit malpractice? Do you anticipate hearing from disciplinary counsel? Certain mistakes can be damaging…
Top 5 ethics highlights from 2021: From “cat” astrophes to working-from-anywhere
2021 was a whirlwind! Lawyers have had to be more flexible and resourceful than ever. It is the year that the ups and downs of the pandemic made it abundantly clear that this is more of a marathon than a sprint. While resilience can be invigorating, the challenges are ongoing. The stress of keeping up…
Of cats and competence: legal ethics lesson from the trenches
By now, you’re probably one of the 3.7 million people who’ve seen the video of a virtual court hearing in Texas that went terribly wrong for the county attorney. (If not, here it is on YouTube.) As depicted for all to see, the hapless lawyer appears on-screen as a fluffy white cat, complete with moving…
In narrow ruling, law firm escapes liability for not thwarting real estate cyber-scam
In a narrow ruling last month by a sharply-divided West Virginia high court, a law firm escaped liability for failing to prevent a phishing/spoofing scheme that resulted in more than $266,000 in closing funds being wired to scammers, after they impersonated plaintiffs’ real estate agent. The opinion is part of the developing law on lawyer…
Lawyer avoids 6th Circuit sanctions; stay-at-home order might have limited his access to record
The plaintiff’s lawyer in a slip-and-fall case got a pandemic-based pass from the Sixth Circuit Court of Appeals last week, avoiding sanctions that the defendant requested after the lawyer misstated the record. The lawyer had based the plaintiff’s appeal argument on an unsigned interrogatory answer that appeared only in a draft.
But the court in…
Zoom-bombing at court hearing for accused Twitter hacker highlights duty of tech competence
The blogosphere lit up last week with news that a Florida state court bail hearing for an accused Twitter hacker had been disrupted by a pornographic Zoom-bomb that highjacked the proceedings and beamed sexual images onto viewers screens. (Some coverage here and here, but don’t worry, no pictures.) The seventeen-year-old defendant is accused of…