Attorney Advertising – New Ethical Rules

As is common in any other industry, lawyers are constantly on the lookout for new tactics to attract business and build their reputations. These days, technology can help lawyers target potential clients and promote their services in new and creative ways. It’s important to remember, however, that advertising as a lawyer is by no means an “anything goes” type of matter. Lawyers must respect several ethical rules which limit what…

Read more »

Respect Client Confidentiality and Advertising Rules When Crafting Online Bios

Almost all attorneys have some sort of presence online, be it through professional networking sites such as LinkedIn or their law firms. Most law firms do indeed publish a bio for each attorney they employ, typically covering their education, practice areas, and any prior experience they may have. Online bios are nothing out of the ordinary, but an attorney’s management of their bio does pose certain risks that they should…

Read more »

Resolving Fee Disputes Using Mandatory Arbitration

There are many states which have recognized the advantages of resolving a lawyer-client fee dispute through arbitration. However, since such arbitrations are not always binding and may also not be mandatory, lawyers and clients who want to avoid any doubt about the proper forum for a fee dispute may opt to include certain mandatory arbitration clauses in their engagement letters. Provisions such as these have been the subject of litigation…

Read more »

Legal Malpractice Claims and Common Defenses

While some mistakes may typically be at issue in a legal malpractice claim, there is generally no such things as a typical legal malpractice claim. Legal malpractice claims are usually very fact intensive and as such, even when the facts appear straightforward, more often than not there are unique circumstances which dictate whether a lawyer will actually be found liable. What’s more, since legal malpractice claims may appear to be…

Read more »

How to Conduct Ethical Depositions

Defending or taking depositions is something common when dealing with litigation. Developing facts can be a helpful tool, but potential abuses by a lawyer or the potential risks for them can be an issue. There are several high-profile decisions where courts have punished lawyers for showing improper conduct in depositions. As such, disregarding the rules which govern proper deposition conduct may pose serious risks for lawyers and their clients. The…

Read more »

Avoid Risks When Dealing with Contract Lawyers

Even if contract lawyers are a huge value for law firms if used properly, there are some risks that law firms may not always consider. Many of them use contract lawyers, either to give a helping hand with work overload on a daily basis or assisting with large document reviews for one single matter. These firms may also use contract lawyers to help meet short-term staffing needs with none of…

Read more »

How to Bring Your Practice Into the 21st Century

We all know that most risk management tools that worked ten or twenty years ago are no longer as important today. Whether we’re talking about engagement letters, fee contracts, calendar control systems, or document retention policies, one thing is certain. In the 21st century, old ways will not always get the job done. Today, cybersecurity or cloud computing have become important tools for a good law practice. Bar members need…

Read more »

Joint Defense Agreements and What Lawyers Should Know About Them

In many cases, a transaction, litigation, or business dispute can involve several parties, each with different attorneys but the same interests. As such, each party may wish to communicate with the others on issues of planning or strategy without risking the waiver of any privileges or immunities. In this case, clients and counsel can benefit from the courts’ options and they can share a joint defense or common interest privilege….

Read more »