Two weeks ago, I wrote a little something about angles and issues when lawyers function as whistleblowers. It is now a bit late on Friday, but, by way of follow-up, it does seem worthy of note that on Monday the jury in the case of the ex-GC of Bio-Rad claiming whistleblower status awarded him almost […]
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The need for clarity with respect to what makes up the “client file” has been an issue I have tried to stay up to date on dating back to our unsuccessful efforts back in 2009 to convince the Tennessee Supreme Court to adopt a rule – what would have been RPC 1.19 — to address […]
Even the largest and the most prominent of law firms can get themselves crosswise with clients over conflicts. In fact, at some level, it is the largest and most prominent law firms that are most at risk of the negative ramifications that can come from conflicts of interest. Last week, the world’s largest law firm […]
Not too long ago, I weighed in on an Alaska Ethics Opinion about the ethics of lawyers using email “bugs” that surreptitiously track what happens to an email after it has been sent. There is a new, interesting read on the “legal or not” aspect of this technology in the ABA/BNA Lawyers Manual on Professional […]
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Bad blogger doubles up on topics.
I had every intention of posting twice this week, but events, including being under the weather with general ick much of the week, undermined my intent. So, this mediocre post will briefly hit two items. And, with any luck, tie the two together in a way that makes this seem, in hindsight, the correct way […]
2016 was a year marked with quite a number of unexpected (at least to me) developments. 2017 likely will have its share of unexpected events as well. To wrap up the year, I wanted to use what little platform I have to pursue something that is both driven by blatant self-interest and is in the […]
It has been a long time since I have had reason to strongly disagree with the insights offered by Karen Rubin and company over at their excellent blog – The Law for Lawyers Today – but here we are again. Karen has written a thought-provoking piece about a criminal defense lawyer with a parody Twitter account and […]
It is Election Day, but neither the title nor the subject-matter of this post have anything to do with that. Later this week, November 11, I will be fortunate enough to present at the annual meeting of the Tennessee Association of Construction Counsel in Nashville and have billed my topic as “The Easiest Hour of […]
Over the last year or so, I have repeatedly said in a number of contexts that with the rapid changes occurring in the modern practice of law, the lawyers who will survive and thrive will be those who can demonstrate that the value that they bring is that of the “trusted advisor.” The lawyers who […]
I’ve mentioned in the past the fact that Tennessee has a version of RPC 4.4(b) that directly addresses, and provides what I happen to think is the correct outcome, for what a lawyer is supposed to do about the receipt of someone else’s confidential information either inadvertently or via someone who isn’t authorized to have […]