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  • Lessons from Qualcomm

    The litigation community was rocked in January when Magistrate Judge Barbara Major of the United States District Court for the Southern District of California, in the case of Qualcomm Inc. v. Broadcom, Inc. (No. 05cv1958-B), entered an order imposing...
  • Ethical Implications of Outsourcing Legal Work

    In the November issue of ABA Journal Magazine, associate ethics counsel for the ABA Center for Professional Responsibility Eileen Libby reported that the ABA Standing Com­mittee on Ethics and Pro­fessional Con­duct has concluded that U.S....
  • Doing The Right Thing-A Matter of Ethics, A Matter of Good Lawyering

    Trust Yourself “What’s most important to a lawyer—whether it’s your first day of practice or your last day of practice—is to trust yourself, your instincts, your own innate intelligence and your own judgment,” Comiskey...
  • Extrajudicial Statements: Lawyers' Ethical Obligations in Communicating with the Press

    In an era when attorneys have broad access to the media and the public has a seemingly insatiable appetite for information about high profile legal cases and cutting edge legal issues, an attorney's familiarity with the professional obligations of...
  • Professionalism and the Need for Civil Behavior

    "The legal profession is in crisis. Public perception of the profession has plummeted from once being considered a highly respected vocation to one often characterized by an increasing lack of credibility, declining ethics, and outright greed."...
  • Professional Responsibility Reminders

    Developing good practices early in one's career is necessary to avoid malpractice. If you require information regarding an ethical question or are concerned about the conduct of a colleague, contact your state's licensing entity and consult your...
  • The Instrumental Lawyer and the Limits of the Law

    We have seen that the agency relationship between client and lawyer requires the 4 C fiduciary duties to assure that a lawyer acts subject to the client's control. At the same time, every agency relationship is subject to one limitation: neither the...
  • Ethical Responsibilities to the Tribunal

    An attorney is required to zealously represent a client; however, this representation is limited by the requirement that such representation be within the bounds of the law. There is a moral component to that representation that is found in Rule 3.3 of...
  • THE EXPANDING ENTERPRISE: Too Good To Be True?

    I wonder if something is askew. My client's business plan seems too good to be true. My clients employees leave me uncomfortable. I am just not sure everything is on the up and up. Yet it is nothing I can put my finger on. And the fellow is paying...
  • Drafting Pleadings in Crayon

    This morning, a tweet from OnTheDocket clued me in to a gem of an opinion that I'd never had the pleasure of reading previously. Bradshaw v. Unity Marine Corp. , 147 F. Supp. 2d 668 (S.D. Tex. 2001), involved a claim for personal injuries filed by...
  • Ethics and Professional Responsibility Issues in Real Estate Transactions

    Of all of the new realities in representing clients in real estate transactions, undoubtedly the least friendly is the new reality of the vastly increasing number of claims against attorneys based upon conflicts and violations of ethics or rules of professional...
  • Ethics Considerations for the Environmental Lawyer

    Environmental practitioners confront various ethical issues of particular concern to them, and these arise for reasons ranging from substantive issues conflicts, to conflicts in multi-party CERCLA cases, to those inherent in a practice in multiple jurisdictions...
  • Ethical Considerations in Obtaining New Clients

    Before accepting a client in a matter, the attorney must consider two major things. First and foremost is whether the attorney has a conflict of interest in representing the client, whether that conflict be real or potential. The second consideration...
  • Ethics and Professional Responsibility for Attorneys in Securities Transactions

    With the collapse of Enron and other major corporations, corporate governance and the individuals that contribute to the corporate governance framework have received significant public attention. "Investor confidence in the quality and integrity...
  • Emailing Clients at Work May Imperil Privilege

    Lawyers take e-mailing clients for granted. But there may be hidden risks in sending e-mails to clients at work. It is probably fair to say that most lawyers have grown accustomed to the convenience of emailing clients. Less disruptive than phone calls...