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Ethics Lawyers USA - Recent Legal Articles
- Electronic Discovery: Model Code of Conduct, Clawback Agreements and Quick-Peek Provisions
With electronic discovery, remember that you are still bound by the Rules of Professional Conduct in your state. However, some have proposed the EDRM Model Code of Conduct to deal specifically with e-discovery. The Model Code of Conduct (MCoC) sets forth aspirational guidelines intended to serve as a basis for ethical decision making by all participants in the electronic discovery process.
- Common Advertising Mistakes that Get Lawyers in Trouble
Although it seems impossible to drive around any city in America without seeing billboards advertising attorneys or hear radio ads for law firms, attorneys are actually one of the most heavily regulated industries when it comes to advertising. Most rules make sense, like avoiding doing anything that would mislead the general public. But, there are a few that are easily and commonly violated, though not often considered until the damage has already been done.
- Legal Advertising in America
While billboards and television ads with lawyers faces and slogans may be commonplace today, just a few years ago such advertising was not permitted for attorneys. Over the last two decades, restrictions on lawyer advertising have relaxed somewhat, allowing the proliferation of ads we see today. Still, these advertisements are not without restriction.
- Considerations in a Legal Malpractice Case
We all understand that when someone wrongs us, we can contact an attorney to obtain assistance in filing a lawsuit to obtain relief. But what do you do when your attorney is the one who has wronged you? How do you obtain relief when your attorney drops the ball and commits malpractice?
- What Sort of Malpractice Insurance Does a Law Firm Need
Most businesses need a plan for dealing with unexpected situations. Usually, that plan includes insurance policies. But law firms and lawyers face unique circumstances most other professions never face. So what sorts of insurance should law firms obtain to best manage their risks?
- Disruptive Behavior Among Medical Professionals
Many people feel afraid when they look for medical help. Whether it is their fear of a traumatic diagnosis or simply experiencing nerves over a routine check up, Chicago residents and people in other parts of the country may not rank potential doctor errors high on their lists of medically-related fears. That may change, however, in light of recent surveys completed by professional medical groups.
- Attorneys and Disabled Clients - What Attorneys Need to Know When Setting Up The Initial Appointment
Attorneys and Disabled Clients - What Attorneys Need to Know When Setting Up The Initial Appointment - What attorneys need to know when working with disabled clients in Nashville, Tennessee and throughout the United States: Your law office just received a phone call from a deaf or hearing-impaired potential client. The potential-client is requesting a meeting to retain your services. The potential-client has also requested that you provide an interpreter for the meeting.
- Contractual Attorney Fee Awards May be Contested
by Jaburg Wilk
The Court of Appeals has held that even where there is a contractual fee shifting provision, that the court retains discretion to limit any award to a reasonable level. Successful parties will have to be ready and able to prove that requested fees are reasonable, even where the other party has expressly agreed by contract to pay all fees.
- Lawyer Accused of Forging Power of Attorney, Murder in Dad's Death
An interesting case in Missouri has made headlines recently regarding the use of an alleged forged estate planning document resulting in first-degree murder charges. William Van Note, a 67 year-old retiree, and his long-time girlfriend, Sharon Dickson, were shot during a home invasion in 2010, killing Dickson and critically injuring Van Note, wounding him with a gunshot to the head.
- The Historical Journey of the Spousal Privilege
Two Privileges Protecting the Husband-Wife Relationship: Confidential Communications and Refusal to Testify in Criminal Proceedings - As we pointed out in a 2008 post, there are two marital/spousal privileges in Texas: the confidential communication privilege as defined by Rule 504(a) and the privilege not to testify in a criminal trial as defined by Rule 504(b) of the Texas Rules of Evidence.