Ethics

Category: Ethics

March 11, 2014 • Ethics, Legal Malpractice, Professional Liability Matters

Confidentiality Issues in High Profile Litigation

It was nearly 20 years ago when a white Ford Bronco sped down an Los Angeles highway containing O.J. Simpson. Some believe that the trial that followed changed litigation, but there have been a number of trials that have garnered international attention since: Oscar Pistorius, Michael Jackson, and Amanda Knox are more recent examples. Attorneys involved in high-profile litigation have unique responsibilities to consider when balancing obligations to the client with immense pressure imposed by the media and the public. In particular, confidentiality issues are prevalent in these types of cases as the media probes for sexy details. This makes an attorney’s job more difficult. Confidentiality agreements may help, but they are not a sure thing as demonstrated by a recent decision.

March 5, 2014 • Ethics, Professional Liability Matters

Shhh…Loose Lips Sink Ships: Confidentiality During Commute

Although studies vary, by most accounts we spend anywhere from 20-50% of our waking hours at work. Reportedly, nearly 10% of U.S. workers have commutes of 60 minutes or longer and the average one-way commute is about 30 minutes. What does this tell you? We’re either working or commuting a great deal. As a result, it’s probably no surprise that professionals may gab about work-related issues while commuting. But therein lies the risk. Ethical responsibilities prohibit professionals from disclosing confidences, yet we may be more susceptible to a slip-of-the tongue during an informal conversation away from the office. Do the same ethical rules governing in-firm communications apply during a quiet conversation in a taxi or train? Of course they do yet recent data suggests that many professionals forget the importance of confidentiality during their commute.

February 26, 2014 • Ethics, Legal Malpractice, Professional Liability Matters, Risk Management

Are Law Firm Advertisements Covered?

All insurance policies are not created equal. Some policies contain exclusions that many professional may not expect. Take for example a recent decision that evaluated whether a law firm’s advertising practices were covered under a D&O policy. In Rob Levine & Associates, Ltd. v. Travelers Casualty, a Rhode Island federal court considered whether conduct relating to Internet and television advertisements was considered “professional services.”

October 31, 2013 • Ethics, Legal Malpractice, Professional Liability Matters

Who’s the Boss: Attorney or Client?

Communication is a key to a healthy attorney-client relationship. Client input is critical for the attorney to develop an understanding of the underlying events and the client’s goals. However, when it comes to litigation strategy, the attorney must tread carefully when the client disagrees with the suggested approach. In this scenario, who’s the boss? By one account, the “scope of representation” is one of the “thorniest issues involved in legal practice” yet it is widely misunderstood. Often, the attorney who understands the ethical principles of allocation of authority is in a better position to effectively address the inevitable disagreement with her client.

October 22, 2013 • Ethics, Legal Malpractice, Professional Liability Matters

Groupon for Professionals? Ok, but Risky

Group coupon websites are a popular marketing ploy among a variety of service providers. The concept behind Groupon, Living Social, and similar sites is for consumers to select from local deals for discounted services. Typically, once a threshold number of coupons are sold, the service provider and the website share the proceeds. The professional liability community has caught on to this marketing trend and is taking notice. However, be aware professionals; utilizing similar group coupon sites is risky due to ethical limitations.

October 18, 2013 • Ethics, Legal Malpractice, Professional Liability Matters

Exposure to Disciplinary Action Away From Home

In most circumstances an attorney may only practice law in jurisdictions where she is licensed. Practicing law in a foreign jurisdiction may expose the professional to prosecution for the unauthorized practice of law. The Ohio Supreme Court recently considered whether an attorney who is not licensed to practice in the jurisdiction is subject to the forum state’s disciplinary authority in Disciplinary Counsel v. Harris, 2013-Ohio-4026 (Ohio Sept. 26, 2013).

October 15, 2013 • Ethics, Legal Malpractice, Professional Liability Matters, Risk Management

The Ethics of Billing During Travel

Client billing and fee disputes are at the heart of a significant percentage of all malpractice claims brought against attorneys each year. There are myriad courses and guides for ethical billing available for all professionals yet lawsuits and administrative complaints abound regarding billing issues. However, even the most well-intentioned attorneys encounter situations where the “rules” of client billing are not crystal clear; perhaps none moreso than the debate regarding billing for travel.

September 27, 2013 • Ethics, Professional Liability Matters

Arbitrator’s Conflict Voids Arbitration Award

We previously warned of the risk that settlements purportedly achieved at mediation may unhinge due to the failure to document the settlement terms. Along those lines, a recent decision highlights the effect of an arbitrator’s failure to disclose his connection to a party. Many attorneys are chosen as an arbitrator due to their reputation in the community or personal/business relationships. Accordingly, there may be some heightened risks of potential conflicts, as seen here.

September 24, 2013 • Ethics, Professional Liability Matters, Risk Management

Boston’s Big Dig Spawns Big Malpractice

Boston’s “Big Dig” continues to spark lawsuits 15 years after construction was completed. The most expensive US highway project – in excess of $24 billion – the Big Dig rerouted a major highway in Boston into a 3.5 mile tunnel. The project was plagued by delay, leaks, design flaws, and substandard materials. Ten years after completion of the project, in 2006, 26 tons of ceiling tiles and concrete became dislodged, fell and killed one motorist, injuring others. Reportedly, the National Transportation Safety Board blamed the collapse on faulty epoxy. In the most recent lawsuit arising from this incident, an insurance carrier sued its attorneys for malpractice for allegedly failing to disclose a conflict of interest.