Alerts

September 9, 2010 Attorney Cannot Agree to Arbitrate Without Client Consent
September 7, 2010 Lawyer Avoids Malpractice Liability by Expressly Limiting Scope of Representation
September 2, 2010 Newly Adopted ABA Model Rule 1.15 Offers Guidance to Client Trust Account Maintenance, Brings Lawyers Into Updated Technological Practices
August 31, 2010 Ninth Circuit Holds Lawyer Has Duty to Investigate Source of Legal Fees to Avoid Constructive Trust
August 27, 2010 Second Circuit Adopts Factors for Assessing Corporate Affiliate Conflict of Interest
August 25, 2010 California Bar Recommends Adoption of a Conflicts Imputation Rule But Rejects a Related Screening Rule
August 19, 2010 Sharing Documents With Litigation Financing Companies Waives Privilege for Those Documents
August 17, 2010 California Statute Modifies Limitations Period for Certain Malpractice Claims Against Criminal Lawyers
August 13, 2010 Federal Court Lacks Jurisdiction Over Legal Malpractice Claim Arising From Labor Negotiations
August 10, 2010 Contingent Fee Agreement Does Not Compensate Lawyer for Defense Against Potential Counterclaims
August 6, 2010 Ninth Circuit Holds That Legal Malpractice Claim May Arise From Activity Protected by Anti-SLAPP
August 3, 2010 Court Disqualifies Firm, Despite Screening of Conflicted Lawyer, Because of Firm's Size
July 28, 2010 Ninth Circuit Sanctions Lawyers in High-Profile Case
July 23, 2010 Ninth Circuit Adopts Two New Attorney-Client Privilege Standards for Corporate Counsel
July 20, 2010 In-House Attorney Not Protected by Whistleblower Statute Because Reporting Wrongdoing Was Part of His Job Duties
July 13, 2010 Parent Company’s Rejection of “One-Entity” Clause in Retainer Did Not Create Attorney-Client Relationship With Subsidiaries
July 8, 2010 No Attorney-Client Privilege for Corporation That Failed to Confirm In-House Attorney’s Licensure Status
July 6, 2010 ABA Allows Mediators to Draft Divorce Settlement Agreements With Appropriate Party Consent
July 1, 2010 Firm That Prosecuted Competing Patents Subject to Breach of Fiduciary Duty Claim, But Not to Conversion Claim
June 29, 2010 New York Relaxes Privity Rule for Personal Representative’s Legal Malpractice Claims
June 24, 2010 New Jersey Supreme Court Rejects Two Potential Bars to Legal Malpractice Cause of Action
June 22, 2010 Arizona Enforces Hurdles for Multi-jurisdictional Practice
June 18, 2010 Supreme Court Approves Amendments to Federal Rule of Civil Procedure 26 Limiting Discovery of Expert Witnesses
June 15, 2010 Federal Circuit Lays Out Test for When Lawyer’s Access to Opposing Party’s Confidential Information May Be Used to Limit the Scope of Attorney’s Representation
June 10, 2010 New Jersey Supreme Court Elaborates on Meaning of “Substantially Related Matters” Under Former-Client Conflicts Rule
June 8, 2010 Maine Supreme Court Requires Party Seeking Law Firm Disqualification to Demonstrate Particular, Actual Prejudice From Alleged Ethical Violations
May 27, 2010 Montana Supreme Court Finds Due Process Violation in Lawyer Disciplinary Proceeding
May 25, 2010 Iowa Supreme Court Uses Equitable Power to Enjoin an Out-of-State Attorney Practicing Federal Law Under MJP Rules in Iowa, for Violations of the Iowa Ethics Rules
May 20, 2010 Federal Circuit Reverses $4.4 Million Sanctions Award Against Patent Infringement Plaintiffs and Law Firm
May 18, 2010 Client May Vacate Default Judgment Caused by Lawyer’s Neglect Even Though Lawyer Was In-House Counsel
May 13, 2010 Contract Lawyer’s Conflicts of Interest Not Necessarily Imputed to Firm According to D.C. Bar
May 11, 2010 Federal District Court Strikes Down Texas Criminal Restrictions on Professional Solicitations
May 6, 2010 Illinois Supreme Court Holds That Ethical Rule Prohibiting Communication With a Represented Party Is Limited to the Same Matter, Regardless of Whether the Matters Are Factually Related
May 4, 2010 Trio of Recent Decisions Address Lawyer Mobility
April 29, 2010 U.S. Supreme Court Strictly Limits Enhancements of Attorney Fee Awards Above Lodestar Amounts
April 27, 2010 U.S. Supreme Court Holds That the Bona Fide Error Defense in the Fair Debt Collection Practices Act Does Not Include Mistakes of Law
April 22, 2010 State Appeals Court Adopts U.S. Supreme Court’s Recent Mohawk Industries Holding: Privilege Ruling Not Subject to Interlocutory Appellate Review
April 15, 2010 Second Circuit Splits on Authority of Magistrate Judge to Impose Rule 11 Sanctions Absent Consent of the Parties
April 1, 2010 Court Rejects a Mandatory Disqualification Rule for a Law Firm’s Current-Client Conflict of Interest, and Denies Motion to Disqualify the Firm
March 31, 2010 Ninth Circuit Reverses Prior Decision Based on a Subsequent Statutory Charge and Holds That Lawyer Cannot Discharge in Bankruptcy the Costs Owed to Bar Assessed in Disciplinary Proceeding
March 25, 2010 Expert Witness Work Leads to Conflict of Interest, Imputed Disqualification
March 23, 2010 Pennsylvania Supreme Court Splits on Rationale for Subject Matter Waiver; Avoids Decision on Scope of Privilege for In-House Counsel-to-Client Communication
March 18, 2010 Second Circuit Strikes Down Certain of New York's Attorney Advertising Rules; Upholds 30-Day Solicitation Moratorium in Personal Injury and Wrongful Death Matters
March 16, 2010 U.S. Supreme Court Weighs in on Applicability of 2005 Bankruptcy Law to Attorneys' Advice and Advertising
March 9, 2010 South Carolina Attorney Ad Tests Bounds of Advertising Rule
February 25, 2010 City of New York Bar Issues Formal Opinion That Jointly Represented Clients May Not Waive the Right to Approve Aggregate Settlements
February 24, 2010 Lawyers' Professional Liability Update
February 23, 2010 Statutes of Repose Do Not Shorten Bankruptcy Trustee’s Period to Pursue Legal Malpractice
February 18, 2010 New Jersey Supreme Court Sets Clear Conditions That Would Allow a Company to Pay Attorney Fees for Employees Who Are Targets and Potential Witnesses in a Grand Jury Proceeding
February 16, 2010 California Class Action Lawyers Must Help Class Members Enforce Judgment
February 8, 2010 Lawyers May Solicit Lay Organizations to Lecture on Legal Topics, But Limits Apply
February 4, 2010 Discharged Firm May Still Collect Contingency Fee
February 2, 2010 Narrow Interpretation of Spoliation of Evidence Tort Offset By Potential Ethical, Criminal and Other Civil Liability
January 28, 2010 Joint Defense Agreements Give Rise to Unique Conflicts and Imputation Issues
January 26, 2010 FSA Lenders Not Subject to State UPL Laws
January 21, 2010 FTC Lacks Authority to Regulate Lawyers Under the Fair and Accurate Credit Transactions Act
January 12, 2010 Lawyer Suspended for Representing Ward and Conservator
December 22, 2009 Second Circuit Limits Use of Witness-Advocate Rule for Disqualification
December 17, 2009 D.C. Court Holds "Earned On Receipt" Fees Unreasonable
December 15, 2009 Attorney Who Represented Feuding Family Members Gets Six-Month Suspension
November 5, 2009 Attorney-Client Privilege Trumps Company’s Email Policy
November 3, 2009 Lawyer Barred From Contacting Members of Conditionally Certified Class Who Were Represented By Other Counsel
October 29, 2009 Attorney Liens Have Priority Over Medical Liens
October 27, 2009 Insurer Cannot Necessarily Deny Coverage if Attorney Ignores Malpractice Claim
October 20, 2009 Firm Can Represent Both Executor and Beneficiary of Will
October 15, 2009 Oregon State Bar Proposes Rule Change for Reciprocity Admission
October 13, 2009 Illinois Adopts Unauthorized Practice of Law and Multijurisdictional Rule That Carves Safe Haven for Foreign Lawyers
October 8, 2009 Intentional Wrongdoer Can’t Sue for Legal Malpractice
September 24, 2009 Attorney May Send Unsolicited Informational Messages Under TCPA
September 22, 2009 Washington Attorney Disbarred Following Guilty Plea Based on Failure to Report Receipt of $20,000 in Cash
September 17, 2009 Maine Court Addresses, But Does Not Resolve, Conflict Between Privilege and Privacy Policies
September 15, 2009 Federal Circuit Adopts High Particularity Standard for Inequitable Conduct Pleadings
September 10, 2009 Scope of “At Issue” Waiver of Attorney-Client Privilege is Limited
September 8, 2009 Class Counsel Do Not Automatically Owe a Heightened Duty to Less Capable Class Members
September 3, 2009 Law Firm Cannot Be Directly Liable for Malpractice and Can Only Be Vicariously Liable if One of its Principals or Associates is Liable
September 1, 2009 Client’s Failure to Pursue Alternative Forum Does Not Excuse Attorney Negligence
August 27, 2009 Attorney Sanctioned for Moving for Sanctions
August 25, 2009 Law Firm Which Represented Limited Partnership Does Not Owe Fiduciary Duties to Limited Partners
July 21, 2009 Kentucky Overhauls Ethical Rules
July 16, 2009 Citizenship of Contract Partner Irrelevant for Diversity Jurisdiction
July 14, 2009 Right to Attorney Fees May Be Waived in Settlement
July 9, 2009 The Ninth Circuit Holds That the Bankruptcy Court Has Inherent Authority to Suspend a Lawyer
July 7, 2009 Firm May Assign Right to Collect Client's Unpaid Fees
July 1, 2009 Insurer May Sue Insured's Attorney in Florida
June 25, 2009 Arbitrators May Have Inherent Powers That Go Beyond Expressly Conferred Powers
June 23, 2009 Court Denies Prevailing Party Fees Due to Client's and Lawyer's Lack of Collegiality
June 16, 2009 Court Declines to Meddle With Fee Sharing Agreement Despite Unequal Sharing of Workload
June 11, 2009 Agreement on Dollar Amount Alone Not Enough for Binding Malpractice Settlement
June 9, 2009 Law Firm Not Liable for 10(B) Violation Under Stoneridge
June 4, 2009 Settlement of Class Action Approved Despite Multiple Client Conflicts
June 2, 2009 Law Firm's Malpractice Policy Rescinded Due to Partner's Material Misrepresentation
May 28, 2009 Court Construes Work Product Broadly, Attorney-Client Privilege Narrowly
May 8, 2009 Plaintiff Loses Legal Malpractice Claim By Assignment of Majority of Proceeds to Third Party
April 28, 2009 In a Legal Malpractice Case, Attorney Negligence Cannot Be Found in a Hearing on an Evidentiary Motion
April 16, 2009 Lawyer Who Drafted Long Term Contract May Owe Long Term Duty
April 15, 2009 Lawyer Who Never Talks to a Client Still May Owe Duty of Confidentiality
April 7, 2009 Client Allowed to Sue Lawyer for Malpractice Under a Breach of Contract Theory
April 2, 2009 No Legal Malpractice Claim for Clients Who Should Have Looked at Attorney's Work
March 31, 2009 Joining Legal Malpractice Claim With Underlying Claim Does Not Guarantee Collateral Estoppel
March 24, 2009 Law Firm Not Liable for Malpractice Because Mistake Did Not Cause Lower Damages Award
March 19, 2009 Attorney Stripped of Entire Fee for Overcharge of Client
March 17, 2009 New Jersey Supreme Court Orders Redraft of RPC 7.1 to Address Super Lawyer/Best Lawyers Issues
March 12, 2009 Ninth Circuit Declines to Follow California Definition of Unauthorized Practice of Law
March 10, 2009 Former Law Firm Associate May Sue Firm for Discrimination
March 5, 2009 ABA Discusses Ethical Issues Related to Law Firm In-House Counsel
March 3, 2009 Bankrupt Lawyer Need Not Pay Restitution as Part of Disciplinary Sanction
February 26, 2009 Lawyer Disbarred By State Based Primarily on Federal Court Sanctions
February 24, 2009 Dropping a Client Can Be More Complicated When Lawyers Switch Firms
February 19, 2009 Court Reduces Attorney Fee Despite Skillful Representation
February 17, 2009 Lawyer Allowed to Practice Despite Felony Guilty Plea
February 12, 2009 Eighth Circuit Applies Minnesota Supreme Court's Third Party Standing Requirement for Legal Malpractice
February 10, 2009 Lawyer is Not Liable for Breach of Fiduciary Duty When Client’s Independent Settlement of Third-Party Litigation Also Releases Lawyer From Liability; There is No Business “Transaction” With the Client
January 29, 2009 Oregon Court Holds That Landlord/Tenant Disputants Have No Enhanced Right to Attorney Fee Awards
January 28, 2009 Lawyers for the Profession® Brochure
January 27, 2009 Ninth Circuit Holds That SEC Can Use Civil Investigation to Tee Up Criminal Investigation
January 22, 2009 Line of Credit Interest Charges May Be Recouped from Clients
January 8, 2009 Law Firm Not Required to Inform Its Insurer of Potential Liability Based on Client’s Misconduct
December 18, 2008 Washington Lawyers May Use Availability Retainers and Fixed Fees
December 16, 2008 California Court Reverses Juvenile Court’s Order of Disqualification and Clarifies the Application of Disqualification Rules to Public Law Firms
December 11, 2008 Disciplinary Cost Assessment Not Dischargeable in Bankruptcy
December 9, 2008 Disclosure Pursuant to Coercive Federal Investigation Does Not Waive Privilege
December 4, 2008 New York Appellate Court Rejects Breach of Fiduciary Duty Claim Against Law Firm That Worked for Client’s Competitor
December 2, 2008 California Court Upholds Attorney’s Use of Interpleader to Avoid Conversion Claim, Upholds Dismissal of Legal Malpractice Claim on Grounds That Claimed Damages Were Speculative and Upholds Contingent Fee Awards Against Claims of Illegality
November 20, 2008 Judge Prohibits Defense Firm’s Representation of All of Defendant’s Former Employees
November 18, 2008 Offensive Collateral Estoppel May Be Used Against Attorneys in Bar Proceedings
November 13, 2008 New Jersey Shareholders Can Sue Corporate Outside Counsel for Malpractice Despite Settling Underlying Matter
November 11, 2008 New Jersey Loosens Restrictions on In-House Counsel
November 6, 2008 Cases in Disagreement as to Proper Forum for Legal Malpractice Cases Arising From Intellectual Property Matters
November 4, 2008 Denial of Fee Disgorgement Held Appropriate Exercise of Discretion Where Client Was Unharmed
October 30, 2008 Second Circuit Dismisses KPMG Indictments Because of Prosecution’s Sixth Amendment Violations
October 28, 2008 New York Court Upholds Retainer Agreement That Provides Defunct Law Firm With Technology Company Stock as Legal Fees
October 23, 2008 Client Can Sue for Legal Malpractice for Failure to Bring Claim for Libel Per Se
October 21, 2008 Court Finds That New York’s Dead Man’s Statute Does Not Bar Attorney’s Defense in a Disciplinary Proceeding
October 16, 2008 Louisiana Amends Lawyer Advertising Rule
October 14, 2008 Client Attacks Common Engagement Letter Practice, Attorney Wins
October 9, 2008 New York Firm That “Outsourced” Legal Work to Another Firm Held Liable for Failure to Supervise
October 7, 2008 A Loss Reduction Technique to Avoid
October 2, 2008 Failure to Warn Client of Rate Increase Was Not a Breach of Fiduciary Duty
September 30, 2008 Whether Malpractice Claim Was Improperly Assigned Is an Issue of Fact
September 25, 2008 Attorney’s Inequitable Conduct Invalidates Patent
September 23, 2008 More Than Relevance of Privileged Material Needed to Find “At Issue” Waiver
September 18, 2008 Legal Malpractice Award Not Reduced By Attorney-Defendant’s Hypothetical Fee
September 16, 2008 Attorney’s Direct Negotiation With Represented Opposing Party Does Not Invalidate Settlement Agreement
September 11, 2008 Prosecutors Involved in Case-Related Media Projects Get Reinstated By California Supreme Court
September 9, 2008 Decision On Criminal Jury Instruction Rests With Counsel, Not Client
September 4, 2008 Sex Discrimination Claim Subject to Arbitration Under Partnership Agreement
September 2, 2008 Court Applies Stoneridge to Release Law Firm From Securities Litigation
August 28, 2008 Paralegal Expenses Are “Fees” Not “Costs” and Shall Be Recovered By Litigants at Prevailing Market Rates
August 26, 2008 Utah Lawyers May Ghostwrite for Pro Se Litigants
August 21, 2008 Second Circuit Amends Controversial Fee Award Ruling
August 19, 2008 Limitations Period for Fee Collection Begins When Attorney—Client Relationship Ends
August 14, 2008 Lawyer May Have Civil Liability for Not Blowing Whistle
August 12, 2008 Attorney Has No General Duty to Disclose Client’s Intent to File for Bankruptcy
August 7, 2008 Law Firm Sanctioned for Baseless Counterclaim
August 5, 2008 Attorney Sanctioned for Disobeying a Protective Order and Related Wrongdoing
July 31, 2008 Court Cuts Firm's Rate for Travel Time
July 29, 2008 Minnesota Court Holds That Ethical Rules of the State Where a Bank is Located Govern Charges of a Multistate Lawyer’s Misuse of Trust Accounts While Forum Rules Govern Alleged Lies to and Non-Cooperation With the State Bar
July 24, 2008 Proximate/Substantial Cause is the New York Standard for Attorney Malpractice
July 22, 2008 Insurer Can Sue Insured’s Attorney for Malpractice
July 17, 2008 Out-of-State Lawyers Can Represent Clients in New York Arbitrations
July 15, 2008 Lawyer Not Required to Disclose Dissatisfied Client to Insurer
July 10, 2008 Evidence of Divorce Settlement Held Inadmissible to Prove Damages in Legal Malpractice Suit Based on Drafting of Prenuptial Agreement
July 8, 2008 Law Firm Slapped in Suit for Stealing a Client
July 1, 2008 Law Firm Denied Fees in Bankruptcy Proceeding for Not Disclosing Conflicts
June 26, 2008 Attorney Sanctioned for Misstating Opponent’s Position
June 24, 2008 Failure to Obtain Professional Liability Insurer’s Approval Before Hiring Counsel “Costs” Insured Attorney
June 19, 2008 Defendants Must Act Quickly to Protect Seized Documents
June 17, 2008 Attorneys Allowed to Break Privilege Following Client’s Filing of Declarations Blaming Discovery Errors on Attorneys
June 13, 2008 "Model Law Firm Risk Management Manual" Now Available
June 12, 2008 Plaintiff’s Burden of Proof on Personal Jurisdiction Depends in Part on Stage and Nature of Court Proceedings
June 10, 2008 Personal Profit Exclusion Upheld As a Matter of Law
May 29, 2008 Expert Witness May Be Deposed As Fact Witness
May 22, 2008 New York District Court Holds That Lawsuit Under Oregon Blue Sky Laws May Proceed Against New York Law Firm
May 15, 2008 Court Holds That In-House Counsel’s Inadequate Electronic Record Preservation Justifies Full Forensic Search of Corporate Founder’s Laptop
May 13, 2008 USPTO Revises Procedure for Requests to Withdraw From Representation in a Patent Application
May 8, 2008 Massachusetts In House Lawyers Now Required to Register
May 6, 2008 Virginia Opinion Advises That Corporate Counsel Based Out of State May Advise Employer About Virginia Law
May 1, 2008 Ninth Circuit Finds Possible Malicious Prosecution By Attorney, But Not Client
April 29, 2008 Ninth Circuit Holds That Law Firm Must Pay Former Co-Counsel Despite Firm’s Claimed Lack of Profit on Case as a Whole
April 24, 2008 Delaware Allows Limited Long-Term Practice By Foreign Counsel
April 22, 2008 District Court Abused Discretion By Delegating Fee Allocation to Self-Interested Attorneys
April 17, 2008 Idaho Court Holds Client Who Agreed to Settlement Can’t Sue Lawyer
April 15, 2008 Attorneys Disbarred for Extraordinary Sting Operation
April 10, 2008 Court Holds Selective Waiver Generally Not Allowed in Surrender of Work Product to the Government
April 8, 2008 Minnesota Supreme Court Clarifies Standards for Potential Lawyer Liability to Non-Clients
April 1, 2008 Pennsylvania Supreme Court Holds Lawyer Misconduct Not Subject to Consumer Protection Statute
March 27, 2008 District of Columbia Ethics Opinion Advises That Limiting the Scope of an Engagement to a Discrete Legal Issue or Discrete Stage in Litigation May Avoid a Former Client Conflict
March 25, 2008 Lawyer Escapes Sanctions for Premiums Added to Clients’ Bills Without Consent, But Gets Suspended for Related Conduct
March 20, 2008 New York Court Holds That Vague Billing Records Preclude Quantum Meruit Recovery
March 13, 2008 New York Court Holds Attorneys Who Send Faxes on Legal Issues May Be Unlawful Advertisers Under TCPA
March 11, 2008 Indiana Court Discusses Relationship Between RPC on Doing Business With Clients and Parallel Common Law Fiduciary Duties
March 6, 2008 Legal Hotline Cannot Disclaim Attorney-Client Relationship With Callers
February 26, 2008 Regulatory Body for Securities Dealers Attempts to Loosen Restrictions on Representation in Arbitration Proceedings
February 21, 2008 Attorney Client Relationship Established and Maintained Electronically Gives New York Court Personal Jurisdiction Over California Client
February 20, 2008 Attorney Client Relationship Established and Maintained Electronically Gives New York Court Personal Jurisdiction Over California Client
February 19, 2008 Law Firm’s Duty to Directors of Corporate Client Comes and Goes in Single Case
February 14, 2008 Supreme Court Holds That Sixth Amendment Right to Counsel May Be Satisfied When Lawyer Participates Via Speakerphone
February 12, 2008 New York Case Holds Lawyers Who Are Limited Liability Partners May Remain Liable to Each Other After Withdrawal
February 7, 2008 Warning Signs Should Have Led Sanctioned Attorneys to Inquire Into Adequacy of Client’s Discovery Production
February 5, 2008 Delaware Court Holds That Disclosure of Results of Internal Investigation to Board of Directors Waives Attorney-Client Privilege When Some Directors or the Board Have Adverse Interests
January 29, 2008 New York Court Holds Absent Class Members Not Entitled to Attorney’s Files
January 24, 2008 Delaware Court of Chancery Exercises Personal Jurisdiction Over Law Firm Who Filed Certificate Amendment for Client in Delaware
January 22, 2008 Convertible Hybrid Fee Agreement Violates Alaska Law When Conversion is Triggered By Client’s Decision to Settle
January 17, 2008 Pennsylvania Court Strictly Applies Time Bar to Legal Malpractice Claim
January 15, 2008 U.S. District Court Rejects “Pervasive Regulation” and “Reverse Engineering” Theories and Holds Attorney-Client Privilege Unavailable to House Counsel Acting in What the Court Considered a Business Capacity
January 8, 2008 Illinois Court Clarifies Rights of Unpaid Law Firms to Sue in Contract and Tort
January 3, 2008 Crime-Fraud Exception to Attorney Client Privilege Applies When Attorney Concedes Possibility of Client’s Misconduct
December 20, 2007 Mishandling of Inadvertently Produced Work Product Results in Disqualification of Counsel and Experts
December 13, 2007 E-mail Policy Renders Communications Non-Confidential
December 11, 2007 Malpractice Liability Precluded by Dismissal of Underlying Claims Against Co-Defendant
December 6, 2007 Appearance of Impropriety Test Abandoned in Oklahoma
December 4, 2007 Attempt to File Suit in a Mississippi Court Without Pro Hac Vice Admission Subjects Out-of-State Attorney to Sanctions and Potential Disciplinary Action
November 29, 2007 Judicial Conference Proposes New Federal Rule of Evidence 502 Regarding Waiver of Privilege to Limit Costs of Discovery
November 20, 2007 California Court Holds Corporate Attorney-Client Privilege Extends to Third Parties Reasonably Necessary to Carry Out Legal Advice and Strategy
November 15, 2007 ABA Concludes Limited Representation in Collaborative Law Practice Does Not Violate Ethics if Informed Consent is Obtained
November 13, 2007 Federal Circuit Finds Exclusive Federal Jurisdiction of Legal Malpractice Cases Arising From Patent Matters
November 8, 2007 California Supreme Court Holds That When an Attorney Leaves a Firm and Takes a Client, the Statute of Limitations for Legal Malpractice is Not Tolled as Against the Former Firm and Its Partners
November 6, 2007 New York City Bar Provides Guidance on Corporate Family Conflicts of Interest and Representation Adverse to Affiliates
November 1, 2007 DC Bar Association Concludes Lawyer Who Knows that an Adversary Inadvertently Provided Metadata in Electronic Document Must Not Review the Metadata
October 30, 2007 Florida Supreme Court Underscores Adherence to Not Permitting Assignment of Legal Malpractice Claims
October 25, 2007 New York Appellate Court Reverses Verdict Based on Failure to Disclose Terms of High-Low Agreement to All Parties
October 23, 2007 Federal Circuit Court of Appeals Bars Lawyer From Patent Practice Due to Conflicts From Lawyer’s Financial Deal With Invention Promotion Company
October 18, 2007 Sixth Circuit Upholds Denial of Extra Time to Appeal Where Attorney Failed to Monitor Electronic Docket
October 16, 2007 Indiana Appeals Court Upholds Conflicts Waiver in Simultaneous Representation of Buyer and Seller in Business Transaction
October 11, 2007 Eighth Circuit Holds Crime-Fraud Exception to Attorney-Client Privilege Does Not Trump Attorney’s Claim to Opinion Work Product Where the Attorney Was Not Involved in the Client’s Fraud
October 9, 2007 Tennessee Appeals Court Concludes Criminal Defendant Client May Bring Legal Malpractice Action Before Seeking or Receiving Post-Conviction Relief
October 4, 2007 Illinois Appellate Court Upholds Judgment in Favor of Investment Company Comprised of Partners in Law Firm Who Represented the Defendant-Client in Investment Transactions
October 2, 2007 Washington Supreme Court Upholds Dismissal of Legal Malpractice Suit Under “Two Dismissal” Rule
September 27, 2007 Oregon Supreme Court Rejects Insurer’s Attempt to Describe Dispute With its Insured as a Dispute Over the Amount Due Rather Than Over Coverage for Purposes of Avoiding the Obligation to Pay the Insured’s Attorney Fees
September 25, 2007 Second Circuit Admonishes Arbitration Panel for Manifest Disregard of Law in Attorney Fee Award in Age Discrimination Case
September 20, 2007 Second District Court of Appeal Upholds Quantum Meruit Award of Attorney Fees on Reasonable Hour Basis to Firm Against Former Contingency Fee Client
September 18, 2007 South Dakota Supreme Court Upholds Conditional Reinstatement of Lawyer’s License and Requires Legal Malpractice Coverage as a Condition for Continued Practice
September 13, 2007 ABA Ethics Committee Concludes That Defense Counsel May Contact Putative Class Members Without Permission From Plaintiffs’ Counsel
September 11, 2007 Montana Supreme Court Upholds $1.1 Million Compensatory Damages and $9.9 Million Punitive Damages Against Major Law Firm for Malicious Prosecution
September 6, 2007 New Jersey Appellate Court Finds Attorney Malpractice Liability Coverage for Work Done By Partner on Firm File After He Left Firm
September 4, 2007 U.S. Bankruptcy Court Disqualifies Debtor Counsel From Case Based on Failure to File Disclosure of Conflict and Defers Issue of Disgorgement of Fees
August 30, 2007 Florida Supreme Court Suspends Attorney and Orders Fee Disgorgement for Having Secret Engagement Agreement to Prevent Future Litigation With Opposing Party During Settlement Negotiations
August 28, 2007 New York Court of Appeals Upholds Law Firm Partnership Agreement Amendment, Adopted By a Majority Vote of the Partnership, Deferring Payments to Withdrawing Partners
August 23, 2007 New York Court of Appeals Allows Ex Parte Interview of Opposing Party’s Former Managerial Employee, With Adequate Disclosures and Warnings and Where No Confidential or Privileged Information Disclosed
August 21, 2007 District of Columbia Court of Appeals Holds Ethical Duty of Confidentiality Did Not Bar Lawyer from Giving Court-Ordered Deposition Regarding Demand Letter
August 16, 2007 Despite Policy Exclusion for Contractual Liability, Pennsylvania Federal Court Finds Coverage Under Professional Liability Policy for Breach of Fiduciary Duty Claim Based on Lawyer’s Sale of His Own Home
August 14, 2007 New York County Bar Association Concludes Lawyers May Ethically Have Investigators Use Dissemblance for Cases Involving Civil Rights or Intellectual Property Rights
August 9, 2007 Second Circuit Rejects District Court Assertion of Ancillary Jurisdiction Over Attorney Fee Claims by Individual Criminal Defendants Against Their Non-Defendant Former Employer
August 7, 2007 Although Voiding Contingent Fee Agreement, California Court Upholds $1.2 Million Award of Reasonable Fees
August 2, 2007 Washington Supreme Court Holds That Attorney May Pay a Non-Lawyer Who Had a Contingent Fee With the Attorney’s Clients for Performing Non-Legal Work
July 31, 2007 California District Court Orders Firm Disqualified and Rejects Rebuttable Presumption of Vicarious Disqualification Despite Screening Procedures
July 26, 2007 New York Courts Finds No Breach of Fiduciary Duty or Improper Disclosure of Client Confidences in Complaint Filed by Attorney Against Former Firm
July 24, 2007 New York Court Limits Defendant Law Firm's Duties Based on Retainer Agreement and Dismisses Malpractice Case While Awarding Fees
July 19, 2007 California Court Holds That Disqualification Order in One Case Should Be Given Preclusive Effect in Another Case
July 17, 2007 Washington Supreme Court Holds Saliva Used by Suspected Murderer to Seal Envelope Not Subject to Attorney- Client Privilege; Fact That Police Posed as Attorneys to Obtain DNA Evidence Held Irrelevant
July 12, 2007 Iowa Adopts “Entire File” Rule: Client Owns Complete File, Including Attorney Work Product, Subject Only to Narrow Exceptions
July 10, 2007 California Court Disqualifies Attorney From Representing Party Adverse to Former Client With Whom Attorney Had Discussed a Substantially Related Transaction
June 28, 2007 New York Court Finds Attorney-Client Privilege With Other Counsel on Arguably Related Matters is Waived in Legal Malpractice Claim
June 26, 2007 Ninth Circuit Holds No Remedy for Taxpayers Under IRS Fee-Shifting Statute Despite Fact that IRS Forced Taxpayers into Litigation
June 21, 2007 Second Circuit Clarifies Calculation for Attorney Fee Awards Based in Fee-Shifting Cases Involving Lodestar and Forum Rate Issues
June 19, 2007 California Court Finds No Joint Representation or Common Interest Privilege Claim in Lawyer’s Representation of Two Clients on Ostensibly Parallel But Distinct Claims
June 14, 2007 Alabama Court Holds Attorney-Client Privilege Waived By Presence of Client’s Daughter During Conference Regarding Property Transfer
June 12, 2007 New York Court Holds Firm Must Disgorge Fees Based on Breach of Fiduciary Duty for Disloyalty to Client
June 7, 2007 Nevada Court Holds Both Insurer and Insured Were Defense Firm’s Clients and Therefore Disqualifies Firm from Representing Insured in Related Bad Faith Action Against Insurer
June 5, 2007 Georgia Court Finds Lawyer Potentially Liable for Not Advising Client of Risk Presented by Unsettled Law
May 31, 2007 Second Circuit Clarifies Standards for Attorney Fee Awards in Medicare Class Action Litigation
May 29, 2007 Ninth Circuit Holds Attorney-Client Privilege Does Not Prevent IRS Discovery of Identities of Tax Shelter Investors
May 24, 2007 New Jersey Holds That Lawyers’ Prior Knowledge of Potential Claim at Time of Insurance Application Becomes Matter of Law When Evidence is One-Sided
May 22, 2007 Montana Court Holds Attorney-Client Confidentiality is not a Defense to Attorney’s Lack of Candor With Court or to Assisting in Client Fraud
May 17, 2007 Eighth Circuit Holds Collateral Estoppel Blocks Suit By Class Action Plaintiffs Against Their Attorneys for Breach of Fiduciary Duty Based on Court Approval of Settlement
May 15, 2007 California Court Finds No Duty Owed to Reinsurer by Defense Attorney Who Was Hired by the Primary Carrier
May 10, 2007 USPTO Proposes Supplemental Rule Changes to Clarify Extent of Federal Preemption of State Regulation of Practice of Law
May 8, 2007 DC Ethics Opinion Concludes Lawyer’s Present and Former Roles as Expert Witness Does Not Create Former Client Conflict Despite Substantial Relationship of Matters
May 3, 2007 Colorado Ethics Committee Concludes Rules of Professional Conduct Prohibit Lawyers From Participating in Some Forms of Collaborative Law and Explores Related Ethical Pitfalls
May 1, 2007 Ninth Circuit Finds Software Company Engaged in Unlawful Practice of Law By Providing Computer Based Service for Preparation of Bankruptcy Forms
April 27, 2007 Northern California District Court Addresses Privilege and Work Product Issues Relating to Law Firm’s In-House Communications
April 24, 2007 Georgia Court Finds No Causation in Legal Malpractice Claim Based on Inadequate Witness Presentation, But Finds on Separate Claim That Clients’ Ability to Review and Comprehend Document Was Not Sufficient to Break Malpractice Chain of Causation
April 19, 2007 Ninth Circuit Explains Standards for Review of Attorney Fees, Including Opposition to Block Billing and Quarter Hour Minimum Entries
April 17, 2007 Ninth Circuit Clarifies Position on Judicial Duties and Burdens of Proof Under the Crime Fraud Exception to Attorney-Client Privilege
April 5, 2007 Colorado Supreme Court Finds Narrow Duty to Corporate Creditors by Corporate Officer Resulting in Reversal of Aiding and Abetting Breach of Fiduciary Duty Verdict Against Attorneys
April 3, 2007 Wisconsin District Court Finds Retired Attorney Not Liable Under Partnership By Estoppel Theory When Client Did Not in Fact Rely on Retired Attorney’s Participation in Firm
March 30, 2007 Indiana Court of Appeals Holds Excess Insurer May Not Sue Insured’s Attorneys for Legal Malpractice
March 27, 2007 Louisiana Court Finds No Duty to Defend Under Malpractice Coverage for Lawyer Based on Fee Dispute Between Referring Attorneys
March 22, 2007 Third Circuit Finds Due Process Rights of Lawyers Violated by Finding of Sanctions Despite Lack of Monetary or Disciplinary Penalty
March 20, 2007 San Diego Bar Association Examines Lawyer Duties and Responsibilities When Outsourcing Legal Services
March 15, 2007 Seventh Circuit Court of Appeals Sanctions Illinois Attorneys for Unprofessional Conduct During Deposition
March 13, 2007 California Court Upholds Binding Arbitration of Fee Dispute Under Retainer Agreement After Client Waives MFAA Rights
March 8, 2007 Court Held Trustees of Union Health Fund in ERISA Suit Could Not Offload Blame for Bad Investments Onto Their Attorneys
March 6, 2007 New York Court Holds Lawyers Retained By Insurer to Represent Insured May Have Duty to Put Excess Carrier on Timely Notice of Claim
March 5, 2007 Florida Supreme Court Finds Intentional Dishonesty Arising From Failure of Oversight of Arguably Dishonest Bookkeeper
February 22, 2007 California Appellate Court Finds Excessive Billing is a Violation of Fiduciary Duty
February 20, 2007 Iowa Supreme Court Invalidates Provision in Fee Agreement Requiring Client to Inform Attorney of Any Disputes Within 10 Days
February 15, 2007 Missouri Appellate Court Holds Third Party Payment of Lawyer’s Fees Alone Does Not Give Rise to Attorney-Client Relationship
February 13, 2007 Supreme Court of Florida Revises Rules on Attorney Advertising
February 8, 2007 New York State Revises Rules Governing Lawyer Advertising
February 6, 2007 Oregon Supreme Court Shifts Burden of Proof in Disciplinary Cases
January 3, 2007 Crime-Fraud Exception to Attorney Client Privilege Applies When Attorney Concedes Possibility of Client’s Misconduct
December 14, 2006 Third Circuit Court of Appeals Upholds Fee Disgorgement Claims Against Lawyers Who Failed to Disclose Potential Conflict of Interest to Their Clients
December 12, 2006 Supreme Court of Tennessee Holds Standard of Care in Legal Malpractice is Statewide, Not Local
December 7, 2006 ABA Concludes Lawyers are Not Prohibited in Reviewing and Using Metadata Stored in Received Electronic Documents
December 5, 2006 New York Appellate Court Upholds Dismissal of Malpractice Case Based on Client’s Written Affirmation that He Waived Conflict and Read Legal Documents Prepared by His Lawyers
November 30, 2006 California Court Rejects Attempt to Depose Opposing Counsel During Wrongful Death Suit
November 28, 2006 New Mexico Supreme Court Disciplines Subordinate Attorney for Over-Reliance on Directions From Out-of-State Counsel and Client
November 21, 2006 Ohio Appellate Court Rejects Collectability in Underlying Case as Limit on Recovery in Legal Malpractice Action
November 17, 2006 District of Columbia Court of Appeals Announces Revisions to its Rules of Professional Conduct That Will Allow Lawyers to Disclose Confidential Client Information to Mitigate or Rectify Past Client Wrongdoing
November 15, 2006 Court Upholds Dismissal of Malpractice and Disgorgement Claims
November 9, 2006 Court Requires Recusal of Prosecutor in Rape Case Where Facts Were Similar to Those in Her Published Novel
November 7, 2006 Washington Supreme Court Applies Ethical Prohibition Against Malpractice Waiver/Release Without Written Notice of Right to Independent Counsel to Situation Involving Only Potential Claims
November 2, 2006 Second Circuit Finds Supplemental Jurisdiction to Allow District Court to Dismiss Malpractice Action and Find Attorneys in Class Action Acted Reasonably in not Suing Arthur Andersen in Securities Suit
October 31, 2006 ABA Concludes Statements About Settlement Positions in Settlement Negotiations, Including Mediations, are Considered “Puffery” and not False Statements Under the Model Rules
October 27, 2006 California Appellate Court Holds No Conflict of Interest in Representation of Two Clients Involved in Separate, Unrelated Dispute with Each Other
October 24, 2006 Lawyer’s Failure to Advise of Non-Representation Created Issue of Fact Regarding Continued Representation
October 19, 2006 Federal Court Exercises Supplemental Jurisdiction Over Legal Malpractice Case Arising Out of Copyright Dispute
October 17, 2006 New Jersey Advisory Opinion Applies Ban on Restrictive Employment Agreements to In-House Attorneys
October 12, 2006 Ethics Committee Rejects Attempt to Create Attorney-Client Relationship or Duty of Confidentiality Based Solely on Unsolicited Email to Prospective Attorney
October 10, 2006 Bankruptcy Court Denies In-House Attorney-Client Privilege to Enron Based on Evidence of a Fraudulent Scheme
October 5, 2006 New York Court Limits Duty to Third Party for Opinion Letter Provided by Attorneys in Sale of Corporate Assets
October 3, 2006 Outside Corporate Directors Can Claim the Attorney-Client Privilege With Personal Counsel Paid for by the Company Even if Corporate Affairs are Discussed
September 28, 2006 Corporation Waived Attorney-Client Work Privilege and Work Product Doctrine by Voluntarily Releasing Information to Federal Agencies Investigating the Company
September 26, 2006 NYC Bar Association Ethics Opinion Approves Overseas Outsourcing for Legal Support Services Subject to Proper Oversight
September 18, 2006 Forum Selection Clauses in Retainer Agreement Not Binding When Client Fails to Appear and Seek Enforcement
September 12, 2006 Law Firm’s Failure to Close Ostensibly Former Client File Helps Persuade Court to Order Disqualification on Ground that Current Attorney-Client Relationship Existed
September 5, 2006 Due Diligence Counsel Not Disqualified From Taking Position Adverse to Issuer of Securities it Previously Investigated
August 29, 2006 Claim that Law Firm Employee’s Negligence Assisted Partner in Committing Fraud Was Excluded by Intentional Acts Exclusion in Firm’s Insurance Policy and There Was No Innocent Insured Protection for the Employee
August 22, 2006 Fully Informed Clients Can Ratify Unconscionable Fee Agreements, Even During Ongoing Representation
August 14, 2006 Ohio Lawyer's Representation Ended When Lawyer So Informed Client, Not When Lawyer Moved to Withdraw
July 25, 2006 Minimal Telephone Calls and Correspondence Held Insufficient to Establish Personal Jurisdiction Over Attorney
July 18, 2006 Partners Owe a Continuing Duty to Clients Even After a Law Firm Dissolves
July 11, 2006 Former Attorney Who Previously Represented Government Agency as Outside Counsel May Represent New Clients in the Same Type of Case Against Agency
July 5, 2006 Illinois Supreme Court Holds “Lost” Punitive Damages Not Recoverable as Compensable Damages in Subsequent Legal Malpractice Action
June 27, 2006 California Supreme Court Rejects Screening for San Francisco City Attorney
June 21, 2006 Federal Circuit Defines the Scope of Privilege and Work Product Waivers When Advice-Of-Counsel Defense is Asserted
June 15, 2006 Law Firms Disqualified for Inducing Consultant to Violate Duties of Loyalty and Confidentiality to Former Client
June 6, 2006 North Carolina Holds That Attorney Can Report Wrongful Conduct to the SEC Even if Such Action Would Violate State Confidentiality Provisions
May 31, 2006 The Aggregate Settlement Rules Really Mean What They Say
May 23, 2006 Kentucky Legal Malpractice Law Contains No Blanket Exception from Liability for Errors in Judgment
May 17, 2006 Litigation Privilege Broadly Construed to Bar Liability for Civil Rights Action
May 9, 2006 Lawyer Who Prevented Client-Executor from Defrauding Parent’s Estate Exonerated
May 2, 2006 Prior Attorney-Client Relationship Does Not Transfer in a Sale of Assets
April 25, 2006 Plaintiffs Entitled to Spoliation Instruction Against Defendant — Attorney Who Did Not Destroy Evidence But Concealed Dismissal of Underlying Case for Nine Years
April 20, 2006 California Lawyers May Ethically Use Overdraft Protection on Trust Accounts as Long as Commingling Does Not Occur
April 12, 2006 Simultaneous IP Work for Clients with Competing Technologies Bars Client’s Claim at Trial of Reliance on Legal Opinion Ostensibly Tainted by Conflict
March 15, 2006 Electronic Records Are Part of the Client File that Must Be Turned Over to Successor Counsel
March 8, 2006 Fee Sharing Agreement Between Former and Successor Counsel is Enforceable Even Though it May Violate Disciplinary Rule Requiring Fees to be Shared in Proportion to Services Rendered
February 21, 2006 RPC 4.2, Which Prohibits an Attorney from Communicating with a Represented Party, Applies to an Attorney Appearing Pro Se
February 15, 2006 Colorado Supreme Court Holds That Consumer Protection Act Applies to Lawyer Advertising
February 7, 2006 Retainer Agreement Failing to Comply with New York Fee Dispute Resolution Program Held Unenforceable; Law Firm’s Fee Arbitration Against Former Client Permanently Stayed
January 31, 2006 New ABA Guidelines on Inadvertently Received Materials Based on New ABA Model Rule
January 25, 2006 Attorneys Rendering Incorrect Advice on Statute of Limitations Subject to Malpractice Liability Despite Viability of Underlying Action at the Time of Withdrawal
January 18, 2006 Court Enforces Partnership Agreement Allowing Law Firm to Collect 25 Percent of Fees Earned by Departing Partner from Former Firm Clients as Damages to the Firm
January 10, 2006 Attorney-Client Privilege Waiver Extends to Related Follow-Up Communications but the Presence of a Client’s Insurance Broker May Destroy Privilege
January 3, 2006 Florida Allows Assignment of Legal Malpractice Claim When Part of a Broader Transaction
December 21, 2005 Law Firm Disqualified from Representing Defendants in Adverse Bankruptcy Proceedings Despite Liquidation Sale of Substantially All Assets and Name Change by Former Client/Plaintiff
December 16, 2005 State Bar Licensing Requirements Inapplicable to Practice Before Federal Agencies
December 7, 2005 City Police Director's Assertion of Qualified Immunity Defense to Civil Action Based on Advice Received From City Attorney Held Not to Waive City's Attorney-Client Privilege
December 2, 2005 Florida Attorneys May Not Use Pit Bull Logo or Words “Pit Bull” in Telephone Number in Advertising
November 22, 2005 Liability Insurer and Reinsurer Held Not Entitled to Sue Insured’s Lawyer for Malpractice or Equitable Subrogation Where Insurer Had Failed to Follow Lawyer’s Advice
November 17, 2005 No Inherent Conflict of Interest Created by Law Firm’s In-House Consultation About Ethical and Legal Obligations Owed to a Firm Client
November 9, 2005 The Crime-Fraud Exception Does Not Extend to All Communications During an Attorney-Client Relationship
November 4, 2005 Florida Ethics Rules Prescribes Procedures for Leaving Firms and Dissolving Firms
October 17, 2005 Dual Role of Corporate Counsel as Witness and Advocate for Defense on Appeal Supports Reversal of Judgment for Defendant and Remand for New Trial
October 5, 2005 Prosecutor Acted in “Bad Faith” by Making Inconsistent But Plausible Factual Contentions in Separate Death Penalty Trials Against Separate Defendants
September 30, 2005 “Thrust-upon” Conflicts May or May Not Require Disqualification
August 29, 2005 Limited Equitable Excuse of Condition Precedent Saves Attorney’s Coverage Under “Claims Made and Reported” Policy
August 23, 2005 Georgia Supreme Court Holds that the Burden of Proving Waiver of Attorney Work Product Protection Lies on Party Asserting the Waiver
August 18, 2005 Debt Collectors Strike Back: Attorney Sanctioned for Bringing FDCPA Claim Based on Collection Letters in Compliance with the "Safe Haven" Language
August 9, 2005 Second Circuit Adopts “Functional Approach” to In-Firm Conflicts of Interest
August 4, 2005 Trial Court May Dismiss Attorney Fee Action if Attorney Fails to Notify Client of Right to Arbitrate but Client May Waive Arbitration
July 29, 2005 ABA Ethics Committee Announces Greater Latitude on Future Conflicts Waivers
July 12, 2005 A Criminal Defendant has Received Ineffective Assistance of Counsel When His Attorney Fails to Obtain and Review a File from a Prior Conviction on Which the Prosecution Has Said it Will Rely for Proof of Aggravating Circumstances at the Sentencing Phase
July 6, 2005 Counsel Have a Duty to Determine if Fees Come From Funds Subject to a District Court Freeze Order and Must Disgorge Fees Received in Violation of That Order
July 1, 2005 An Attorney’s Representation of a Taxpayer and Concurrent Work for the Internal Revenue Service as an Expert Witness in an Unrelated Matter Did Not Justify Vacating a Stipulated Judgment on Conflict of Interest Grounds
June 27, 2005 Disqualification is Not Always Required by a Concurrent Client Conflict of Interest if the Balance of Hardships Weighs Strongly in Favor of Continued Representation of the Prior of the Two Clients
June 21, 2005 Chapter 7 Trustee Lacks Standing to Pursue Malpractice Claims Against Attorneys that Belonged to the Creditors of the Bankrupt Entities and Not the Bankrupt Entities Themselves
June 16, 2005 Summary Judgment Premised Upon a Judgmental Immunity Defense is not Proper Merely Because there was a Conflict in Pertinent Law
June 13, 2005 Illinois Court of Appeals Holds that Implied-In-Fact Fee Agreement Between Attorney and Deceased Client can be Enforced by Executor of Former Client’s Estate
June 7, 2005 California Court of Appeal Imposes Duty on Decedent's Attorney to Protect Caretaker-Beneficiary Under Will from Loss of Inheritance
June 3, 2005 Lawyers Must Use Reasonable Care When Transmitting Documents by E-mail to Prevent the Disclosure of Client Confidences or Secrets in "Hidden" Metadata
May 3, 2005 20,000 Fiscal Year 2005 H-1Bs Available Starting May 12, 2005
May 3, 2005 Ineffective Assistance of Counsel Claim Premised Upon a Conflict of Interest Based Upon a Single Criminal Defense Attorney’s Representation of Father and Son Requires Specific Supporting Evidence and May Not Be Based on Speculation
April 26, 2005 Limitations Period for Malpractice Claim Based on Antenuptial Agreement Did Not Begin to Run Until Divorce Court Awarded Property to Spouse that was Supposed to Have Been Protected in the Agreement
April 13, 2005 Legal Malpractice Claims Based Upon Attorney Involvement in Private Placement Memoranda Held Assignable
April 6, 2005 Recent ABA Ethics Opinions: Lawyers May Help Testator-Clients Disinherit Beneficiary-Clients and May Sue the Insureds of Client-Insurers Without Conflicts Waivers Due to Lack of Direct Adversity
March 31, 2005 California Court Refuses to Allow Lawyer to Serve as Class Counsel and Named Plaintiff
March 25, 2005 Proof of Actual Innocence Not Required to Establish Legal Malpractice for Allowing Convicted Client to Serve Prison Sentence Longer than Court was Authorized to Impose
March 16, 2005 Attorney Client Privilege Applies with “Special Force” to Confidential Conversations Between Public Officials and Their Counsel
March 10, 2005 Lawyer’s Liability as a Fiduciary to a Fiduciary
February 28, 2005 The Attorney-Client Privilege Survives the Death of a Natural Person but Terminates Upon Closing of the Estate
February 14, 2005 A Lawyer Retained to Incorporate a Corporation Generally Represents the Entity to be Incorporated and Not the Incorporator
February 11, 2005 Person Convicted of Crime Need Not Prove Actual Innocence When Asserting Contract Claim Against Defense Counsel
February 7, 2005 Second Circuit Sets Standards for Private Party Attorney Fee Recovery Under the Hyde Amendment
February 2, 2005 Taxable Income to Civil Rights Case Plaintiff Includes Portion of Recovery Paid to Plaintiff’s Counsel as Contingent Fees
January 31, 2005 No Statutory Protection Against Libel and Slander Claim Exists When Attorney Makes Comments Not Related to Facts Introduced into Evidence in the Underlying Proceeding
January 19, 2005 Ethics Opinion: A Lawyer May Refer a Non-Client to Other Competent Counsel Even if the Non-Client is Adverse to a Client of the Referring Lawyer
January 14, 2005 New Jersey Court Holds That An Associate’s Claim of a Discretionary Bonus Raises a Factual Issue for the Jury to Decide
January 6, 2005 In California, the Party Seeking Discovery May Have to Pay the Cost of Restoring Electronic Data to Usable Form
December 20, 2004 Pre-Merger Agreement Among a Law Firm's Members Violates District of Columbia Rule 5.6(a)
December 15, 2004 Attorney-Client Privilege Dissolved in Case Where the Statute of Limitations is Pleaded as a Defense
December 9, 2004 Attorney Has an Affirmative Duty to Determine His Client’s Immigration Status - And to Provide Him with Specific Advice Regarding the Impact a Guilty Plea Would Have On It
December 2, 2004 Attorney Subject to Legal Malpractice Claim for Breach of the Duty of Loyalty Even if there is No Evidence That Actual Disclosures of Confidential Information Occurred
November 24, 2004 Contentious Law Firm "Divorce" Nets Plaintiff $2.5 Million Damage Award
November 9, 2004 Accused Patent Infringer’s Invocation of Attorney-Client Privilege Does Not Lead to Inference That Legal Opinion Was Unfavorable
October 29, 2004 Illinois Court Holds that Lawyers May Be Liable in Legal Malpractice for Punitive Damages Not Recovered in the Underlying Case
October 19, 2004 Attorney Bills Not Automatically Protected from Disclosure by the Attorney-Client Privilege
October 4, 2004 Attorney Suspended for 30 Days for Failure to Supervise Associate
September 27, 2004 A Law Firm Can Qualify as a “Debt Collector” Under the Fair Debt Collection Practices Act
September 23, 2004 In-House Counsel/Whistleblower Authorized to Use Company Secrets in Action Against Company
September 7, 2004 Privileges Deemed Waived for Failure to Produce a Privilege Log
August 30, 2004 House Counsel Update
August 19, 2004 Illinois Adopts Rule Mandating Disclosure of Malpractice Insurance
July 30, 2004 Attorney Immune from Liability under Labor Management Relations Act, Section 301(b)
July 27, 2004 Attempt to Disqualify KPMG for Allegedly Advising Client to Implement Illegal Tax Strategy Unsuccessful
July 20, 2004 Attorney Should Inform Client of Alternative Avenues of Relief
July 7, 2004 Oral Charging Liens Held Not Enforceable
June 22, 2004 Federal Trade Commission Will Not Enforce Gramm-Leach-Bliley Act Against Attorneys
June 14, 2004 Outside Corporate Counsel Not Entitled to Statutory Indemnification
June 7, 2004 Malicious Prosecution: Continuing to Prosecute After Learning of Lack of Probable Cause
June 1, 2004 Case-Within-a-Case Methodology is Not Always Required
May 19, 2004 Lawyer/Defendant Has Burden of Proving Collectibility of the Judgment in the Underlying Case
May 11, 2004 Legal Malpractice Plaintiffs' Claims Fail When Unable to Show More Favorable Result "But For" Transactional Malpractice
May 7, 2004 Professional Conduct Rule Requiring Written Fee Sharing Agreement and Client Consent Does Not Bar Quantum Meruit Recovery
May 4, 2004 Law Firm Not Allowed to Withdraw Despite a Concurrent Representation Conflict
April 26, 2004 The “Entity Rule” Applies Retroactively When Individuals Hire Attorneys to Form Corporations
April 19, 2004 Multi-Jurisdictional Practice and Unauthorized Practice of Law
April 6, 2004 Joint Defense Agreements Do Not Always Protect Communications
February 17, 2004 New York Court Holds That an IP Law Firm Representing Clients with Competing Technologies Engages in a Conflict of Interest
February 11, 2004 The Attorney-Client Relationship May Not End When You Think It Does