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American Bar Association (ABA) Ethics

Saul Ewing LLP

The JustPod: The State of Prosecutorial Independence and Prosecutorial Discretion

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The JustPod is a podcast of the American Bar Association's Criminal Justice Section, hosted by Justin Danilewitz and Geonard Butler. This episode features Professor Ellen Yaroshefsky (Hofstra Law School), and John Choi...more

Fishman Haygood LLP

ABA Issues Formal Opinion for Lawyers Advising Organizational Clients Where Constituents Might Have Conflicts of Interests or Be...

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The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility recently issued Formal Opinion 514 regarding a lawyer’s obligations when advising organizational clients. Under such...more

Holland & Knight LLP

Generative AI and the Duty of Competence Conundrum

Holland & Knight LLP on

With its promise to generate written work product in a fraction of the time it takes for a seasoned attorney to do so, generative artificial intelligence (GAI) is becoming a regular part of legal work at large law firms. Its...more

Esquire Deposition Solutions, LLC

New Jersey Weighs New Duty of Technology Competence

New Jersey appears poised to become the next state to explicitly add a duty of technology competence to its professional code of ethics. Proposed revisions to the New Jersey Rules of Professional Conduct would, if adopted,...more

Goldberg Segalla

The Corporate Client: You’re My Lawyer, Right?

Goldberg Segalla on

The ABA recently provided insight for attorneys who represent corporate clients. While that engagement is often limited to an attorney’s duty to the organization, there is a very real risk that the organization’s members –...more

Esquire Deposition Solutions, LLC

California to Update Court Interpreter Ethics Standards

California courts are readying new standards for court interpreters with most changes focused on ethical behavior during remote and hybrid court proceedings. The proposed revisions to the Professional Standards and Ethics for...more

Esquire Deposition Solutions, LLC

Litigators Weigh Need to Disclose AI Use to Clients

Many lawyers today are wrestling with the question of whether they should inform clients that artificial intelligence technologies are being used on their case matters. Ethical advice from state bar regulators has been slowly...more

Proskauer Rose LLP

Wealth Management Update - September 2024 - 2

Proskauer Rose LLP on

September 2024 AFRs and 7520 Rate - The September 2024 Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 4.8%, a decrease from the August 2024 rate of 5.2%. The September...more

McDonnell Boehnen Hulbert & Berghoff LLP

ABA Issues Formal Ethics Opinion on Use of Generative AI Tools

Following in the footsteps of the U.S. Patent and Trademark Office and the state bars of California, Florida, New Jersey, New York, and Pennsylvania, the American Bar Association has weighed in on attorneys' ethical use of...more

Epiq

American Bar Association Ethics Ruling on Generative AI: Taking Advantage of AI Technology Ethically and Effectively

Epiq on

On July 29, the American Bar Association (ABA) weighed in for the first time on the ethical implications of generative AI (GenAI) use with the release of Formal Opinion 512. The 15-page document details, among other things,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

ABA Addresses Lawyer Generative AI Use: Key Takeaways from ABA's Latest Ethics Opinion

The American Bar Association (“ABA”) recently issued Formal Opinion 512, providing essential guidance for lawyers and law firms using Generative AI (“GAI”) tools. As we have written about previously, when lawyers employ GAI...more

Esquire Deposition Solutions, LLC

Actionable Advice When Sharing Client Data with Vendors

We’ve previously written on the need for law firms to scrutinize the data security protections in place at all third-party vendors who have access to client confidential information. Clearly, that’s still good advice....more

Marshall Dennehey

New ABA Formal Ethics Opinion on Attorney Office Sharing Arrangements

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The American Bar Association recently issued a Formal Ethics Opinion addressing the ethics of attorney office sharing arrangements. In Formal Opinion 507, issued on July 12, 2023, the ABA Standard Committee on Ethics and...more

Miles Mediation & Arbitration

The Imperative of Mental Health for Attorneys: Navigating the Legal Landscape with Resilience

In the demanding realm of law, where high stakes, rigorous deadlines, and intense competition are the norm, the significance of mental health for attorneys cannot be overstated. Attorneys, often seen as pillars of strength in...more

Esquire Deposition Solutions, LLC

Wisconsin Lawyers May (But Shouldn’t) Secretly Record Others

In an age when nearly everyone carries on their person a tiny recording device in the form of a smartphone, the question of whether it is lawful to surreptitiously record conversations with others comes up often. One never...more

Esquire Deposition Solutions, LLC

Quick Tips for Ethical, Effective Deposition Witness Prep

If the word “Shaq” conjures up the image of professional basketball legend and amiable IcyHot liniment pitchman Shaquille O’Neal, you could be missing out on a valuable mnemonic device for preparing witnesses for deposition:...more

Esquire Deposition Solutions, LLC

Lawyer Who Admitted Coaching Deposition Witness Escapes With Reprimand

An attorney who surreptitiously fed answers to his client – roughly 50 times during a six-hour remote deposition, according to court documents – has been given a public reprimand by the Massachusetts Board of Bar Overseers....more

Legal Internet Solutions Inc.

Behind the Bio | Jen Leonard is excited about Gen A.I.

Hello listeners, welcome back to Behind the Bio, LISI’s podcast where two lawyers talk about turning points in unusual careers. I’m your host, Julie Owsik Ackerman, and my conversation with Jen Leonard left me curious and...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Ghosts of Clients Past: 3 Ethical Duties to Former Clients and Things to Consider When Moving Between Firms

Congratulations, you won (or more likely settled) the case! Your last invoice has been paid, you have closed out the file, and after a handshake from your thankful client, you are ready to move on to your next matter. There...more

Conn Kavanaugh

Improper Coaching in Remote Depositions

Conn Kavanaugh on

“He’s going to tell the truth. The truth is very, you know, complicated. So we went over it carefully, and just not to leave anything up to chance . . . . or Michael’s judgment.” Fans of the NBC sitcom, the Office, might...more

Foley & Lardner LLP

Can Law Firms Prohibit Attorneys from Soliciting or Servicing Clients Because of Trade Secret Misappropriation?

Foley & Lardner LLP on

As we recently highlighted, trade secret misappropriation lawsuits brought by law firms against departing attorneys are not a new phenomenon, but the number and intensity have increased over recent years. Our last...more

Schwabe, Williamson & Wyatt PC

ABA Criticizes Nonrefundable Fees in Formal Opinion 505

In Formal Opinion 505 (the Opinion), the ABA wades into the discussion about nonrefundable attorney fees paid in advance, and declares that such a label “is not accurate” and should “not dictate whether a fee has been...more

UB Greensfelder LLP

American Bar Association Advises on Implied Consent to “Reply All” Responses in Electronic Communications with Opposing Counsel...

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Recognizing that, nowadays, most lawyers communicate electronically with their clients, and with lawyers representing other parties, the American Bar Association has provided advice on an important consideration that arises...more

Esquire Deposition Solutions, LLC

Technology Competence Is Key to Conducting Remote Depositions Ethically

We recently wrote about ethical considerations that are present in every deposition. We saw that the ethical rules applicable to depositions are mainly concerned with ensuring the integrity of the judicial process —...more

Esquire Deposition Solutions, LLC

Eight Ethical Pitfalls to Avoid at Your Next Deposition

The line dividing zealous advocacy and professional misconduct can be hard to spot, and it can appear with little advance notice during a heated moment in litigation. This is particularly true in pretrial depositions, which...more

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