Million Dollar Verdict Against NJ Lawyer for Enabling Child Abduction Sets...
A matrimonial lawyer and her Hackensack, NJ firm were hit with a $950k malpractice verdict late last month for their alleged role in enabling an international child abduction.The suit, Innes v....
View ArticleAdvising Clients Regarding Direct Contacts with Represented Persons
On August 4, 2001, the American Bar Association's standing committee on ethics and professional responsibility issued formal opinion 11-461 entitled, "Advising Clients Regarding Direct Contacts with...
View ArticleIndependent Contractor Misclassification
With the federal and many state governments facing record deficits, legislatures and various governmental agencies have set their sights on the practice of Independent Contractor Misclassification as a...
View ArticleSputtering Housing Market Makes Fertile Ground for Real Estate Professional...
Two undeniable and interconnected facts: the U.S. housing market remains virtually stagnant and the number of lawsuits against real estate professionals is on the rise. Existing home sales have...
View ArticleThe ethics of legal service “groupons” – Accidents waiting to happen.
Last week, the Wall Street Journal Law Blog wrote about a recent New York ethics opinion approving legal advertising on Groupon and other group coupon sites. These services allow consumers to pay one...
View ArticleShilling for Dollars: How the FTC Wants to Save Us from Unscrupulous Bloggers...
In a recent Corporate Counsel article, the authors describe a Federal Trade Commission ruling about the disclosure of connections between corporate advertisers and those who shill, directly or...
View ArticleCHAMBER OF COMMERCE STUDY FINDS DECEPTIVE ONLINE MARKETING BY PLAINTIFFS’ BAR
Many people will not be shocked by the title of this post. However, a new report issued by an advocacy group for the U.S. Chamber of Commerce was recently released that was entitled, “The Plaintiffs’...
View ArticleATTORNEY’S “MEETINGS” WITH INMATES LANDS ATTORNEY IN JAIL
Bad lawyers’ jokes aside, most of us do not encounter blatantly unethical and/or unprofessional attorneys in the course of our practice and are fortunately left wondering where the basis for these...
View ArticleMalpractice vs. Misconduct
Suppose your client, a lawyer, has been sued for malpractice. Could the alleged malpractice be a basis for discipline? Alternatively, is a disciplinary complaint likely to give rise to a malpractice...
View ArticleProfessionals Sued For Expert Witness Work: When Does Witness Immunity Apply?
In addition to their work for their own clients in their own areas of expertise, some professionals also serve as expert witnesses in litigation. They employ their knowledge and experience in their...
View ArticleRule 5.5 ABA Model Rules of Professional Conduct
In the upcoming Annual Meeting of the ABA, the Commission of Ethics 20/20 will consider amending Model Rule 5.5, which addresses unauthorized practice of law issues. Of particular concern is the issue...
View ArticleCalifornia Supreme Court Rules Witness Statements Procured by Attorney...
On June 25, 2012, the California Supreme Court set forth new rules regarding the discoverability of witness statements in Coito v. Superior Court of Stanislaus County, No. S181712 (Cal. 2012). The...
View ArticleDon't Squander Your Unearned Reputation For Honesty
It is simply too easy for lawyers to quickly lose credibility within the bar and before the judiciary. It seems we've already lost this battle with much of the public, but within the profession I like...
View ArticleDisclosing Client Information When Moving from One Firm to Another: Ethical?
As reported by InsideCounsel, the American Bar Association House of Delegates (“ABAHD”) recently approved an amended model rule stating that it is ethical for lawyers to disclose client information...
View ArticleA Change in the Insurance Winds–An appellate district split threatens to...
The Zhang case is a dispute following a fire at the plaintiff’s commercial property wherein the uninsured Zhang accuses the defendant-insurer of misconduct. The first two actions in the plaintiff’s...
View ArticleLimiting the Use of the Business Judgment Rule
On September 6, 2013, a Federal Court in Texas held that the business judgment rule did not apply to a corporate decision to hire a law firm. You might be thinking, “I thought Texas was business...
View ArticleTwo Nations Separated By a Common Language
A famous Englishman once said, “America and Britain are two nations separated by a common language.” Was it George Bernard Shaw? Or was it Oscar Wilde? English literature enthusiasts have not settled...
View ArticleThe V-8 Moment with Regard to Insurance
Wow, I should have had professional liability coverage. I remain amazed at how many lawyers forego such coverage. I do not understand that rationale since they would never risk their assets with an...
View ArticlePresumption of Public Access to Documents Filed with a Court Limited by the...
The Seventh Circuit has issued an opinion in City of Greenville, Illinois, v. Syngenta Crop Protection LLC, which limits the presumption of public access to non-privileged documents filed with a court...
View ArticleLawyers Get Old Also
I had a very talented law partner who retired at age 64 to take an appointment by the Governor for a six-year term on the Public Service Commission. He works just as hard as always, but for less money...
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