California Says You Must Understand E-Discovery in Order to Litigate
California’s proposed ethics opinion on attorney duties in e-discovery has been finalized. The opinion is unsurprising in terms of its analysis of today’s technology and long-standing ethics rules, and it highlights that in today’s world, discovery is extremely complex and high stakes. In the Committee on Professional Responsibility and Conduct Formal Opinion No. 2015-193, California […]
Luddite Lawyers Are Ethical Violations Waiting To Happen
Technological incompetence used to be merely a competitive disadvantage. Now, it is a potential ethics violation — or even legal malpractice. During my first year of law school, we were not allowed to do computerized research. Instead, we were taught to use the leather-bound reporters, Shepherds, and treatises. It was only during our second year […]
If You Lead, Business Will Follow
Lawyers in all areas of practice need to get out and become known. Rather than paying for advertising, you should take advantage of the abundance of leadership opportunities available in your community.
How to Select a Law Firm Business Entity
Deciding on the right business entity for your firm is one of the most important decisions you can make. Here's what you need to know to choose wisely.
How to Handle a Mixed Check with Earned and Unearned Fees
Learning how to appropriately handle mixed checks is the best way to avoid bookkeeping errors that lead to ethics problems.
How To Keep Your Client Safe From Solicitation
Soliciting a client who is already represented is breaking ethical rules. Learn how to keep and protect your client while preserving your ethical integrity.
Ntrepid Timestream Interactive Timeline Software Review
Timestream is a good start on a useful product, but still has a number of issues to resolve. It is a work-in-progress, and not quite yet ready for prime-time.
Three Commonly-Violated Ethics Rules
Three commonly-violated attorney ethics rules and the simple way to avoid violating them.
Trust Accounting Basics
Proper trust accounting is vital to keeping attorneys out of ethics trouble. Learn the rules and know where to turn with questions.
Can Depressed Lawyers Escape Discipline by Invoking the ADA?
The Americans with Disabilities Act protects people with disabilities — including mental illness — from discrimination. So can a lawyer with a disability invoke the ADA when ethics regulators impose discipline for behavior that stems directly from the disability?
Sample Document-Destruction Policy
Voluminous paper and electronic files are not just a hassle to store and manage, but keeping files beyond your ethical obligation to do so can actually be troublesome.
Ethics Regulators Shouldn’t Try to Keep Pace With Changes In Technology
The slow pace of development is usually good for both law and our legal ethics rules. In fact, if ethics rule changes were fast-tracked to keep up with changes in technology, the rule of law would suffer.
Astroturfing to Technethics, the New Vocabulary of Ethics
New technology brings new words, and the evolution of legal ethics and social media is no different. Fun terms like "astroturfing" and "technethics" have joined the discussion.
Can You Disseminate Embarrassing Client Information Online And Get Away With It?
A Virginia lawyer's blog including embarrassing details about clients is protected by the First Amendment -- but not exempt from attorney advertising rules.