Limiting Professional Liability7/7/2008 Worried about getting sued for legal malpractice? You probably think your professional liability insurance will be sufficient to cover any claims. What if it isn’t? Can you prospectively limit your liability to a client by including such a limitation...
(0 comments) Email Security and Attorney-Client Privilege7/3/2008 The 2008 American Bar Association (ABA) Legal Technology Resource Center recently completed a survey of how the legal profession uses technology. In conjunction with an outside research firm, the Center surveyed the legal profession in January through May...
(0 comments) Professionalism and the Need for Civil Behavior6/30/2008 "The legal profession is in crisis. Public perception of the profession has plummeted from once being considered a highly respected vocation to one often characterized by an increasing lack of credibility, declining ethics, and outright greed." ...
(0 comments) Lessons from Qualcomm6/5/2008 The litigation community was rocked in January when Magistrate Judge Barbara Major of the United States District Court for the Southern District of California, in the case of Qualcomm Inc. v. Broadcom, Inc. (No. 05cv1958-B), entered an order imposing...
(0 comments) Ethical Considerations in Obtaining New Clients1/31/2008 Before accepting a client in a matter, the attorney must consider two major things. First and foremost is whether the attorney has a conflict of interest in representing the client, whether that conflict be real or potential. The second consideration...
(0 comments) Ethical Responsibilities to the Tribunal1/31/2008 An attorney is required to zealously represent a client; however, this representation is limited by the requirement that such representation be within the bounds of the law. There is a moral component to that representation that is found in Rule 3.3 of the...
(0 comments) The Law of Fraud and Professional Obligation2/28/2008 The law of fraud limits the legally acceptable conduct of lawyers and clients. If you or your client commit fraud, civil or criminal consequences could result. If you do so, you also face a third possibility: professional discipline. The Model Rules contain...
(0 comments) The Instrumental Lawyer and the Limits of the Law2/28/2008 We have seen that the agency relationship between client and lawyer requires the 4 C fiduciary duties to assure that a lawyer acts subject to the client's control. At the same time, every agency relationship is subject to one limitation: neither the principal's...
(0 comments) THE EXPANDING ENTERPRISE: Too Good To Be True?2/28/2008 I wonder if something is askew. My client's business plan seems too good to be true. My clients employees leave me uncomfortable. I am just not sure everything is on the up and up. Yet it is nothing I can put my finger on. And the fellow is paying my bills...
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