Showing 3 posts from September 2015.
Key Ethics Developments in E-Discovery and Social Media
Sometimes the most significant developments that impact how lawyers practice their craft appear in the recommendations of their member bar organizations. Three months ago the Litigation Section of the New York State Bar Association released its Social Media Ethics Guidelines on June 9, 2015. Not to be outdone, the State Bar of California issued Formal Opinion No. 2015-193 on June 30, 2015. The personal opinion of this author is that these two documents may be used by judicial, regulatory, and even legislative branches of our state or federal governments to measure how well each of us, as attorneys, functions in the relentlessly changing field of technology and its interactions with attorney ethics. More ›
Do not "E-shame" your Clients
The Colorado Supreme Court has suspended an attorney who posted confidential information about former clients on the Internet. More ›
Advice Leading to Criminal Prosecution not the Cause of the Plaintiff's Injury
In a legal malpractice case, Kumaraperu v. Feldsted (2015) 237 Cal.App.4th 60, 187 Cal.Rptr. 3d 583, a California intermediate appellate court held that a client’s criminal forgery prosecution allegedly resulting from negligent legal advice was not reasonably foreseeable. Therefore, the Attorneys' advice could not be the proximate cause of the client's injury.
In Kumaraperu, the Plaintiff alleged her Attorneys negligently advised her to draw a check on an account she owned, but on which she was not a signatory, and to deposit the funds into another account, thereby exposing her to criminal forgery prosecution. More ›
Topics
- Future
- Arbitration
- lawyer-regulation
- Partnership
- Sanctions
- Referral
- real-estate-broker-dual-agency
- real-estate-broker-breach-of-fiduciary-duty
- California Code of Civil Procedure section 1032
- HIPAA
- accountant
- Accountant Ethics
- marijuana
- judgmental-immunity
- Discovery
- Federal
- Litigation
- sale of law practice
- Seventh Circuit
- Federal Rules of Civil Procedure
- Employment
- conflicts of interest
- New York
- UPL
- Bankruptcy
- Featured
- Opinion
- Attorney Client Privilege
- Confidential Information
- Technology
- Confidential Information
- Attorney Client Privilege
- Legal Malpractice
- California Court of Appeal
- conflicts of interest
- Lateral
- California
- California Court of Appeal
- Case Updates
- California Supreme Court
- LMRM
- conflicts of interest
- Screen
- Illinois
- Damages
- e-discovery
- Competency
- pro-bono
- Class Action
- FLSA
- Florida
- Standing
- Age Discrimination
- Virtual Law Practice
- Unfinished business
- Dissolution
- Expert
- Standard of Care
- Firm Breakup
- Legal Malpractice
- IOLTA
- Investigation
- Complaints
- Disclosure
- Attorney Client Privilege
- At Issue Doctrine
- Waiver
- Uncategorized
- Social Media
- Aiding and Abetting
- Agreements
- Attorney's Fees
- Attorneys' Fees
- Lawyer Ethics and Professional Responsibility
- e-discovery
- Legal Ethics
- Social Media
- Confidential Information
- Disciplinary Decisions
- Rules of Professional Conduct
- Client Communication