AI transcription tools that record, transcribe, and summarize calls are attractive to lawyers and clients alike and are becoming ubiquitous in some circles. But lawyers must take care to use these tools ethically and avoid pitfalls that could compromise privilege and confidentiality. The New York City Bar Association’s Professional Ethics Committee recently issued Formal Opinion
Lawyers sometimes forget that, as the American Bar Association has noted, we cannot “take off the lawyer hat” to circumvent ethics rules. Likewise, lawyers are not any less susceptible to discipline for ethics violations just because their conduct takes place on social media instead of the courtroom. These are important rules to keep in
While perceptions and descriptions may vary, the term “unworthy client” generally includes dishonest clients whose lawyers get entangled in their client’s web of deceit. Even reputable law firms can easily become entangled with dubious clients if they aren’t paying close enough attention. Not surprisingly, lawyers and firms caught up in these situations are
For decades, commentators and practitioners have bemoaned the deteriorating level of collegiality in the practice of law. But at the same time, popular culture and advertising have glorified (and financially rewarded) lawyers with a pugilistic character. And research suggests that bullying can go on as much within a firm as between them. Do we have
The ABA Standing Committee on Ethics and Professional Responsibility (the “Committee”) recently issued its first opinion on generative AI and not a day too soon. While states such as Florida, California, West Virginia, and Kentucky, as well as the District of Columbia have issued generative AI guidance, most states have yet
A common situation faced by law firms – and especially larger law firms – is the potential conflicts and disqualifications posed by Model Rule 1.10(a)’s imputation of one lawyer’s conflicts to all lawyers in the firm. This can become a substantial issue when different lawyers get initial calls from different parties to an event or
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
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
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
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