Navigate Litigation 2.0
What’s Next in Depositions
Lawyers have been conducting depositions since the 19th century, and for decades, the process remained relatively unchanged. In recent years, however, deposition advancements in telecommunications, online security, and other areas have changed what’s possible in the practice of law. Even the historically cautious and conservative legal profession has been adapting at a rapid pace. Here’s…
Read MoreWhen Is Polling Permissible?
Pretrial polls of potential jurors are not per se prohibited. When conducted properly, polls can allow counsel to test arguments, theories of the case, and potential testimony before trial. Cochairs of the Section of Litigation’s Ethics & Professionalism Committee crafted a guideline for lawyers on how to carefully administer pretrial polls to avoid sanctions.
Read MoreImputed 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.
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