In case you didn’t know, learning confidential information that is adverse to your current client will disqualify you
According to Flatt v Superior Court (1994) 9 C4th 275, 36 CR2d 537, an attorney obtaining confidential information from a potential new client can disqualify him or her from continuing to represent an existing client, even if the attorney decides not to accept representation of the new client.
Weaver v Superior Court effect upon the litigation
As determined by Weaver v Superior Court (1979) 95 CA3d 166, 156 CR 745, an attorney owes no duty to adverse parties to conduct a reasonable investigation of the facts and law before filing a complaint against them. Likewise, counsel cannot be liable to adverse parties for malpractice under a negligence theory if the suit proves to … Read more
Technology and Ethics: Online Marketing and Networking
We hear it daily: The Internet offers countless ways for lawyers to showcase their expertise, communicate the integral part they play in every aspect of life, and truly to connect with colleagues and potential clients. Search, social media, content publishing, open discussion forums . . . each is an opportunity to grow your reputation and … Read more
Step-by-Step Guide to Building Effective Mentoring Relationships
Step 1: Do not limit your potential mentor pool to successful partners and senior attorneys. There is nothing wrong with these types of mentors, but there are not enough of them to mentor everyone. Therefore, you should consider every professional relationship as a potential mentoring relationship. Lawyers and staff members at all levels can be … Read more
Guidelines for Small Businesses Using Social Media
Social media tools like Facebook, Twitter and LinkedIn can be useful marketing tools for your business. But all it takes is a single mistake—or a negative comment from an unsatisfied customer—to hurt your business and potentially create a legal mess. Social media is real-time, spontaneous and casual, making it easy for people to think that … Read more
New FREE legal search system
The co-founder of the world’s first legal information website will be heading a project to improve digital access to federal legislative information. Thomas Bruce, an ABA Journal Legal Rebel, helped Cornell Law School put legal information online before the World Wide Web even existed. He is director of the school’s Legal Information Institute, a nonprofit … Read more
Crafting winning arguments: tips from a litigator
The sheer volume of litigation facing the courts today necessitates that lawyers provide well-prepared arguments that can be understood quickly and then confidently ruled upon by the court. Crafting complete, clear and concise written arguments is particularly vital, as more cases than ever, in both trial and appellate courts, are decided without oral argument. Litigator … Read more
Find the right advocate for YOU
Where to look? First good source are your friends and relatives whom they personally have used or highly recommend. Next, turn to the Internet. Look to reputable firms that have been in the news or find information of an attorney whom your favorite artist or celebrity retained. Also, there are several attorney directories you can … Read more
Fewer E-discovery sanctions in courts
The year just ended was an extraordinarily interesting one in the e-discovery area. Highlights included: There were increasing calls for reform of the discovery process as it relates to electronically stored information (“ESI”). Competing views of the standards that should apply to sanctions and preservation clashed in the high-profile Pension Committee, Rimkus, and Victor Stanley … Read more
eDiscovery Compliance in the Cloud
“Cloud Computing will be a disruptive technology that will ultimately change the face of computing,” with a market approaching $300 billion over the next five years, according to recent research from the Market Intel Group. The seemingly unstoppable migration of data to the “cloud” is undoubtedly due to numerous financial benefits, particularly for small and … Read more
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