This blog is maintained by members of Hinshaw & Culbertson’s Legal Ethics and Professional Responsibility Practice Group. It is branded as “a legal ethics and litigation blog written for attorneys, by attorneys.”
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Many are watching with great interest what will happen in the US legal market with respect to non-lawyer firm ownership. It has occurred in a few countries across the oceans, and many predicted a tsunami would hit our shores, but as Lee Corso might say on ESPN’s College Game Day —...
The U.S. Court of Appeals for the Second Circuit ruled yesterdaythat parts of a New York rule requiring that attorneys who claim to be certified specialists make prescribed disclosure statements violates the First Amendment. Is this a victory for the First Amendment, or just a rule that could have...
At The EQ, we are always looking for cases that might be important regardless of jurisdiction. Here is another one, with a hat tip to our Hinshaw team for the write-up! Krutzfeldt Ranch LLC v. Pinnacle Bank, ___ P.3d ___, 2012 WL 273311 (Mont. 2012) Another in Our Series of Hinshaw Lawyers for the...
While the legal industry may be in the late majority to adapt technology, perhaps change and adaptation is inevitable even for law firms. And while perhaps not all adaptations are necessary — i.e. not all innovations present an “adapt or die” proposition — some new uses are...
A colleague who practices primarily in white collar defense recently approached me with an interesting ethical question. She told me that her client, a defendant in a criminal case, had been secretly tape recorded by a co-defendant after both had been indicted, and while both were known to be...
Are geographic boundaries becoming obsolete to practicing lawyers? We at Hinshaw invite you to consider the issue in light of a newly decided case holding that a New York law office requirement is unconstitutional. Another in Our Series of Hinshaw Lawyers for the Profession® Alerts Schoenefeld v....
Last week I was one of the presenters at the American Conference Institute (ACI) seminar in New York on “Social Media, Business, Technology and the Law” — here is a link to the program. The conference was aimed at providing businesses and lawyers with practical information on...
One of our Hinshaw attorneys in Los Angeles, Renee Choy Ohlendorf, is serving as an ABA Litigation News Associate Editor – in addition to being a legal eagle. Today she reported on significant potential changes to the legal ethics landscape in California. Her report is reprinted here: The...
ABA Provides Guidance for Ethical and Legal Duties When Employer’s Lawyer Obtains Employee’s E-mails With the Employee’s Lawyer
Another in Our Series of Hinshaw Lawyers for the Profession® Alerts American Bar Association Formal Opinion 11-460: Duty When Lawyer Receives Copies of Third Party’s E-mail Communications With Counsel (August 4, 2011) Hinshaw’s legal ethics and risk management team has analyzed a new formal...
In many bar discipline cases, I see allegations that the lawyer engaged in “conduct prejudicial to the administration of justice.” It is sometimes a difficult rule to apply and an even harder rule to explain. In Oregon, RPC 8.4(a)(4) simply provides that it is professional misconduct...