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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....

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Advising 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...

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Independent 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...

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Sputtering 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...

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The 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...

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Shilling 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...

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CHAMBER 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’...

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ATTORNEY’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...

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Malpractice 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...

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Professionals 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...

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Rule 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...

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California 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...

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Don'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...

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Disclosing 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...

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A 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...

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Limiting 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...

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Two 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...

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The 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...

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Presumption 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...

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Lawyers 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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