Recent appellate decisions have demonstrated how many lawyers can use collateral estoppel as a viable defense to legal malpractice claims. For... Read More »
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Navigating Jury Selection Ethics: ABA Opinion 517 Addresses AI Technology, Jury Consultants, and Client Directives
The American Bar Association’s Formal Opinion 517 provides guidance on when attorneys’ use of peremptory challenges may violate Model Rule... Read More »
Judicial Estoppel in Legal Malpractice Defense: Protecting Law Firms From Contradictory Client Claims
Disputes between law firms and their former clients are an unfortunate reality. These situations become even more frustrating when former... Read More »
State Supreme Court Clarifies Statute of Limitations for Non-Client Claims Against Attorneys
The California Supreme Court recently resolved the question of which statute of limitations applies when attorneys face claims brought by... Read More »
10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
Arbitration clauses in attorney engagement letters can transform how legal malpractice claims unfold. When disputes arise between lawyers and clients,... Read More »
Ethical Exits: ABA Formal Opinion 516, Permissive Withdrawal, and the Hot Potato Doctrine
Most attorneys have encountered, at one point or another, challenging client situations that prompt consideration of withdrawal. Unlike the relative... Read More »
When the Lawyer Is the Victim: ABA’s New Guidance on Confidentiality and Client-Perpetrated Crimes
When a client turns from seeking your counsel to victimizing you or your staff, what ethical obligations still bind you?... Read More »
The Attorney – Client Relationship 101: Helpful Reminders Before, During and After Representation
Navigating the attorney-client relationship can be like a carefully choreographed dance – requiring precision, awareness, and mutual respect to achieve... Read More »
Organizational Lawyers and the Organization/Constituent Divide: Five Takeaways from ABA Formal Opinion 514
The American Bar Association’s (ABA) Formal Opinion 514, issued on January 8, 2025, provides guidance on the ethical responsibilities of... Read More »
Bankruptcy Court Weighs in on Conflicts of Interest in Business Transactions
A recent decision of the U.S. Bankruptcy for the District of Massachusetts in the adversary proceeding Cruikshank v. Dixon, in... Read More »
How to Withdraw from Representation Ethically in Mass
The saying goes, “Getting married is easy, getting divorced is complicated.” A similar sentiment applies once a lawyer has entered... Read More »
Who Can You Talk to Confidentially About a Client Dispute?
A dispute has arisen between you and a client. You are not exactly sure how to handle the situation, so... Read More »
