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
Legal malpractice plaintiffs fended off motions to dismiss for lack of personal jurisdiction in two separate cases, in two different jurisdictions, under opinions that happened to be filed on the same day last week. The opinions, from a New Jersey state appeals court and a North Carolina federal district court, stand as a warning
Can you ethically withdraw from representing a client if you fear contracting COVID-19 as a result of some aspect of the representation? Earlier this month, the New York State Bar Association issued an ethics opinion that said “Yes,” provided that the lawyer gets any necessary permission from a tribunal. While advisory for New York lawyers
Are you a snow bird? Do you or one of your partners have a second home in Florida? Many do, and it’s long been a source of anxiety that working remotely from that home might be a problem. After all, many of those doing client work while in the Sunshine State are not licensed to
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
A New York district court judge last month disqualified a firm representing hundreds of 401(k) plan participants based on a conflict of interest. The judge called the risks posed “endless,” and requested additional briefing on whether the firm would be allowed to remain as counsel in related arbitration proceedings in Missouri. The ruling spotlights the
We’ve written a lot over the past six years about the Rules of Professional Conduct, and for good reason. The lawyer conduct rules represent a floor: when your conduct sinks below the floor, you can merit professional discipline. But there are other norms and mores in our legal community, namely standards of professionalism. As the
If you’re a litigator, you may have already experienced the brave new world of remote videoconference depositions. If you haven’t yet you will, and when you do, you may have to think about what opportunities for misconduct arise when you aren’t in the room with the witness. If you’re not there to watch, can the
Whether to flee from areas experiencing COVID-19 outbreaks, or simply to take advantage of the opportunity to work far away from the office, lawyers may sometimes wish to work remotely from a jurisdiction other than the one where they are licensed. Though you may dream of “practicing” from a laptop in the distant California mountains,
Blogs are a great way to market your legal practice and the more visually compelling the better. Careless use of social media and its visual impact can spell real trouble, though. We’ve posted about things to watch out for in responding to on-line reviews, using Facebook and sharing on-line opinions. Now comes another