Navigate Litigation 2.0
Imputed Disqualification: Challenges of Suing Former Clients
This case specifically highlights the importance of conflict checks before beginning litigation. Section leaders from the Ethics & Professionalism Committee of the ABA Section of Litigation warn that this is an issue that needs to be explored with the client at the very outset.
Read MoreTermination of Representation and the Retention of Files
A court ruling recently solidified the majority perspective that attorneys have an ethical duty to turn over and surrender their entire file to clients upon termination of representation. It is important for litigators to be cautious and aware of their individual jurisdiction’s interpretation of Model Rule 1.16 to avoid sanctions.
Read MoreKey Takeaways from Recent Hybrid Medical Device Cases
The future of medical devices and the current uses of hybrid medical devices affects the way lawyers defend clients in product liability cases. As the future of medical devices continues to develop, lawyers must devise strategies to avoid preemption when dealing with lawsuits involving Class III medical devices.
Read MoreCommunications Between Clients and Adversaries May Cause Ethical Dilemmas
Copying clients on emails sent to opposing counsel, whether through “cc” or “bcc” commands, may have serious consequences affecting attorney client privileges. While communicating with parties is necessary for driving litigation forward, lawyers must adopt responsible email strategies to avoid breaching attorney-client privileges.
Read MoreThis Is How to Competently Operate Cloud Computing Systems
ABA Model Rule 1.1 states that a lawyer is obliged to provide competent representation through the appropriate legal knowledge, skill, thoroughness, and preparation — but how does this apply in a world of changing technological developments?
Read MoreMeeting the Objective Analysis Standard When Representing Former Clients
Appearance-of-impropriety standards are no longer sufficient in determining when former clients may or may not disqualify counsel. Judiciary officials argued lawyers must abide by more objective standards as outlined by Model Rule 1.9 Duties to Former Clients when conducting litigation with former clients.
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