Legal Ethics

We all want to reduce our risk for legal malpractice.

Here you can find our thoughts on attorney-client privilege, existing client communication and your duties with potential clients.

We also discuss your emerging responsibilities in regards to online privacy and security.

Need more ideas? Join other innovative lawyers in the Lawyerist LAB.

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It Is Time to Mandate Continuances for Parental Leave

The Florida Bar’s Rules of Judicial Administration Committee recently refused to pass a rule that would mandate continuances for parental leave. This is terrible for everyone, but especially for solosmall lawyers.

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What if You Could Be Paid to Lose a Case?

Would you consider buying litigation insurance if it would pay you if you lost a case? You have the opportunity to do so now.

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You Need to Talk About Litigation Financing With Your Clients

Litigation financing is becoming increasingly common in a variety of solosmall practice areas. Here's why you need to talk to your clients about it.

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Uber’s Secret, Encrypted, Far-Reaching Investigation Into Opposing Counsel

Uber has taken extraordinary measures to investigate a plaintiff–and his lawyer.

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Things to Keep in Mind When an Employee Leaves the Firm

When an attorney leaves a firm, many ethical obligations arise for both the departing lawyer and the firm they leave behind. Here are some key things to keep in mind.

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Podcast #74: Staying out of Hot Water with the Ethics Board, with Eric Cooperstein

In this podcast, Sam chats with Eric Cooperstein, an ethics attorney. They talk about how to approach law practice in a way that avoids ethics trouble.

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Mapping In-House Lawyers from Ethical Champions to the Comfortably Numb

In-house attorneys report facing significant ethical challenges in their workplace.

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5 Questions to Ask Before Taking a Deposition

Before you file your next deposition notice, ask yourself if the deposition is really necessary. If the answer is no and you take the deposition anyway, you are wasting time, driving up litigation costs, and perhaps even damaging your case.

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4 Ways to Secure Your Clients’ Information

A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client. (Rule 1.6(c).) So what are reasonable efforts when it comes to your clients’ information stored on your computer? You have to make an effort, obviously. But how much effort […]

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The Calculus of Risk, Tech Competence Edition

Rule 1.6(c)'s "reasonable efforts" is a duty of care. So let’s see how the calculus of risk plays out when we apply it to computer security.

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California’s Chief Ethics Prosecutor Resigns Amid Ongoing Drama

As previously discussed here on Lawyerist, the State Bar of California’s head prosecutor of lawyers, Chief Trial Counsel Jayne Kim, has been surrounded by drama for much of her five years at the helm of the bar’s disciplinary arm. This week she shocked the bar by resigning her position. Kim’s resignation comes just a few months after […]

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Kansas Supreme Court Says It’s Unethical Not to Track Your Time

Every law student knows it takes more than a time sheet to determine the reasonableness of a lawyer's fee.

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How To Dissolve a Law Partnership

But plans don't always work out, and what was once a promising law firm can find itself headed toward dissolution. Here’s what to do if you find yourself in the position of having to dissolve your law firm.

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Now Is the Time to Rethink UPL Regulations

It’s time for lawyers to rethink UPL. We are facing a drastically changed, and rapidly changing, landscape. Lawyers need outside expertise to respond to the demands of the increasingly savvy client and consumers of low-to-moderate means.

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How to Tell a Client You Screwed Up

Moving forward, learn from your mistake. The best thing about making a mistake is that you should (hopefully) never make the same mistake again.