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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 … Continue reading

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 … Continue reading

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 … Continue reading

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 … Continue reading

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 … Continue reading

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 … Continue reading

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 … Continue reading

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 … Continue reading

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