Being in the cross-hairs of a client’s legal malpractice claim is a horrible-enough experience for any lawyer. Even worse would be if your house had to be sold in order to satisfy the former client’s default judgment against you, as the Seventh Circuit ordered in a case earlier this month. The opinion spotlights how state
Going once, twice … MD bar approves charitable auctions of legal services
Looking for marketing ideas to help you or your firm stand out from the crowd? If you’re tired of branding tee shirts and mugs with your logo, how about donating your legal services to be auctioned off by a charity? As you might suspect, there are ethics issues — and Maryland’s state bar association recently
NJ lawyer suspended for make-believe FINRA arbitration, hiding default against firm
A New Jersey lawyer was suspended for six months for misrepresenting to clients for about eight years that their arbitration matter “was proceeding apace,” when he actually had never filed their claim. The lawyer also concealed from his firm for almost two years the malpractice suit that the clients later filed, including the default judgment
Lie to the FTC? Don’t try it, warns agency blog post
Do lawyers need to be reminded not to lie to a federal agency?
As reported earlier this week on Law 360, the staff of the Federal Trade Commission has issued a wake-up call to lawyers who practice before the agency, warning them that intentionally misleading the Commission could lead to “public reprimands, sanctions and even
Client sanctioned for local counsel’s communication screw-up
Going abroad? Think that “national counsel” is going to take care of anything that comes up when you’re gone? Get swamped when you return and take “several weeks” to wade through the e-mail that piled up in your absence? If you’re local counsel, that might be a recipe for disaster — for your client —
Redacting documents can be tech challenge — and legal ethics risk, too
Everyone knows that we have an ethical duty of competence, and in most jurisdictions this includes a duty to be aware of the “benefits and risks” of relevant technology. Examples of possible technology issues affecting our practices: encryption (and cyber-security in general), cloud storage, e-mail handling, the internet of things — there
Well d’uh: ABA advises lawyers to notify clients of a data breach
Some answers are so obvious that you are left wondering why the question needed to be asked in the first place. Like “should a client pay a fee it agreed to in advance?” Or, “should an attorney try his or her best to prevail?”
And now this: the ABA’s Standing Committee on Ethics and Professional
Border searches of your e-device: encryption may be of limited value in protecting client data
Picture this: You’re travelling across U.S. borders, heading home from a client meeting abroad. However, unlike other trips, this time a Customs and Border Protection agent requests that you unlock and hand over for inspection your computer and cell phone — full of client confidential information. You’ve been concerned about this issue, and so you’ve
Riders on the storm: your ethics duties in a disaster
In the aftermath of Hurricane Florence, which last month dumped up to 35 inches of rain on parts of the Carolinas, Virginia and Maryland, caused 48 deaths, and up to $22 billion in property damage, comes a timely new ABA opinion about our ethical obligations related to disasters.
The hurricane did not spare
What’s in a name? Semi-retired lawyer suspended for letting others use it
In a warning to semi-retired lawyers and others, the Sixth Circuit Court of Appeals earlier this month affirmed a 90-day suspension for a lawyer who let others draft and sign his name to deficient pleadings, saying that “a lawyer’s good name and professional reputation are his primary stock in trade, an asset to be cultivated