What was the most important development in the legal ethics arena over the past five years? I was honored to be asked by LexBlog, the folks who provide our blog platform, to share my views on this topic on the LXBN network, which has 8,000+ blog authors. But of course, the invitation also made
Competence
Firm should have used internet to find missing “Caveman” client; no withdrawal allowed
If your client stops communicating with you and seemingly disappears, how hard do you have to search for the client before you can convince a court to allow you to withdraw from the representation?
A leading firm found out recently that you at least have to get on the internet and take a look.
Where’s…
Want to be “local counsel”? Understand who your client is and define your duties
If you only agree to be “local counsel” in a matter, you can rest assured that your limited undertaking also limits the scope of your duties — right? Wrong — as a recent disciplinary case and recent ethics opinion point out.
No “local counsel exception” to conduct rules
If your law school friend is serving…
Verizon says legal departments among most likely to fall for phishing scam
As Willie Sutton supposedly said, he robbed banks “because that’s where the money is.” That also explains why law firms and lawyers are increasingly the targets of cyber-intrusion, particularly phishing scams. Apparently, phishing in legal waters can yield a full net of stolen information.
“Most likely” to take the bait
Verizon’s 2015 Data Breach…
Lawyers take note: Here comes the Internet of Things
This might be an odd confession for a blogger, but I’ve always been a little leery of technology. I’m not a Luddite, or anything, but I’m definitely a late adopter. So I’ve been following the buzz about the coming Internet of Things with some trepidation.
In case you’ve somehow missed it, the Internet…
Duty of competence includes “reasonable diligence” in not falling for Internet scams, opinion holds
One of your ethical duties with respect to an Internet scam is to not fall for it, the Association of the Bar of the City of New York Committee on Professional Ethics has said in a new opinion.
Competent? Don’t fall for Nigerian check scam
The Committee considered the ethics rules that apply to…
Reminder: check for client’s insurance, or you may be liable for malpractice
Failing to check whether the claim against your client might be covered by insurance can get you in hot water — or at least keep you there, preventing a speedy exit from a malpractice suit, as a Florida lawyer recently learned.
In Pharma Supply, Inc. v. Stein (PACER access ID required), the client alleged it…