A case written up by Mike Frisch earlier this month caught my eye because it involves a discussion of two still-evolving areas of claims that can get made against law firms. Most of the case, and most of what Frisch focuses on, is the malpractice claim that was made regarding an alleged lost opportunity to […]
Tag: Loss prevention
Lawyers and law firms have long struggled – at least during the length of my career – with whether they can, or should, include a provision in their contracts with clients that would require arbitration of some, or all, kinds of disputes. In situations where a local or state bar association offers a free, voluntary […]
If time capsules were still a thing (are they still a thing?), and someone wanted to capture issues facing the legal profession in 2019 for a time capsule to be buried… what sort of topics would you choose to include? Outside of the legal dynamics at play in the political landscape of the nation (which […]
Let me offer a word or two or probably 1,000 about two recent items of interest having the issue of lawyers involved in crimes as their common thread. One comes from the Fifth Circuit and the other comes from an ABA Journal article about a situation in Utah. First, the Fifth Circuit’s ruling in Troice […]
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Rarer than rare
I could try to open this post with references to song lyrics from either Toad the Wet Sprocket or Arctic Monkeys, but, either way, I’d likely lose most of you from the jump. (I could also try to claim knowledge of the Glenn Miller song that uses the exact phrase but while I may look […]
Look, I understand too little too late I realize there are things you say and do You can never take back But what would you be if you didn’t even try You have to try So after a lot of thought I’d like to reconsider Please If it’s not too late Make it a cheeseburger – […]
So, first things first, I am thoroughly surprised and incredibly honored to have made it into the ABA Journal’s 2018 Web 100. If you are here for the first time because this happened, thanks for reading and feel free to look around as there is 3+ years of content you can read while you are […]
I have beaten the drum for many, many years now about lawyers not understanding the true scope of their obligation of confidentiality under rules patterned after ABA Model Rule 1.6. The ability to quickly share information far and wide online has not been helpful to lawyers who lack that understanding. I remain astounded at how […]
So, I am certain you have heard by now that a little under a week ago the ABA issued a new Formal Ethics Opinion to address the ethical obligations of lawyers in the aftermath of a cyber-attack or an electronic data breach. ABA Opinion 483 makes for a good read and provides good guidance about […]
I’m interested in writing today about two recent ethics opinions that manage to go together quite nicely. Utah Ethics Adv. Op. 18-04 and Texas Professional Ethics Committee Op. 679. Both involve RPC 1.8 (or at least both should). And, not only does neither opinion do a very good job with the subject matter it tackles […]