Posts Tagged ‘general counsel’
When 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 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 MoreCompetent Representation Requires Mastery of Email
As technology changes, so do the rules governing litigation. Continuing to learn about best practices is necessary in an age of rapid technological development, and staying abreast with the latest changes gives any lawyer an advantage in conducting his or her case.
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.
Read MoreWhen to Rely on PR Strategy: How Far is Too Far?
Litigators will want to keep a close eye on all matters of communication and be careful not to assume privileges automatically exists between a client and third parties. If third parties don’t provide the necessary information and legal advice for the client’s case, that information will not remain privileged and may come under scrutiny by court officials and opposing parties.
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