Posts Tagged ‘law firms’
Cybersecurity: have you checked your service providers?
Cybersecurity is only as strong as your weakest link. No matter how well you shore up your firm or corporate legal department, you can still become vulnerable through a vendor.
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 MoreThe Role Evidence Plays in Avoiding Sanctions
It is the job of the attorney or firm to confirm a claim’s ability to be upheld prior to the proceedings. In order to avoid sanctions, the evidence specific to the case must be carefully, meticulously, and factually analyzed prior to filing the suit.
Read MoreThe Case of Elon Musk and the SEC: Re-examining Corporate Fraud
It’s important to understand the appropriate model rules and due diligence procedures when representing clients who may have committed a fraudulent crime. Musk’s case reminds lawyers why abiding by rules outlined by the SEC is necessary.
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