An Update On Conflicts And Ethical Issues
Mark P. Hodkinson of Bassford Remele A Professional Association
Minnesota recently addressed the issues related to the use of e-mail, a.
Five "Off The Wall" Strategies For Changing Legal Careers
Clifford R. Ennico
A downsized economy, combined with fear and uncertainty from the recent terrorist attacks on the United States, mean few if any job opportunities for lawyers in transition. That does not mean that opportunities are not available, or that you should just "stay put" and weather the storm until things get better.
In House Counsel's Duty to Give "Miranda" Warnings to Corporate Officers and Employees
Timothy J. Dacey of Goulston & Storrs
This article discusses in-house counsel's ethical obligations in dealing with corporate officers and employees whose interests may be at odds with the corporation's. The discussion will focus on the attorney's obligations under the ABA's Model Rules of Professional Conduct, which have been adopted in a majority of states. The following scenarios, based loosely on real cases, illustrate the types of problems that counsel can encounter.
Ethics Ruling OK's Lawyer as Expert
Robert J Ambrogi and IMS Expert Services
When a lawyer testifies as an expert witness on a party's behalf, is an attorney-client relationship created? A new ethics ruling says no, thereby freeing the lawyer to take on a new matter related to a client at her former firm.
Frequently Asked Questions about Pursuing a Civil Lawsuit
Osherow & Associates, P.A.
How long does a lawsuit take from start to finish? The order and progress of the investigation of the potential la.
Keeping The Lid On Legal Costs
Richard G. Stock and Lori Brazier of Lexpert
In a recent survey of law department costs for a cross-section of Canadian corporations, 100 per cent of the general counsel reported a concern with rising legal costs.
Ethical Problems Complicate Joint Representation of a Company and its Supervisors
Nixon Peabody LLP
This article reviews the ethical problems an attorney may face in representing both a company and its supervisors, if the supervisors have been named individually in a complaint. In addition, this article discusses the importance of having supervisors signing a joint representation letter which confirms the supervisors do not have any claims against the company itself.
Watch SOX or You Could Lose Your Shirt
John A. Granda
Corporate accountability was the driving force for the Sarbanes-Oxley Act of 2002. With its signing, it simultaneously animated related regulatory and stock exchange rulemaking and enforcement actions.
Online Billing: Submitting Legal Invoices Electronically
Andrew T. Briscoe of Lexpert
Most legal invoices still get submitted the old fashion way, on paper. But some corporate law departments are beginning to request outside counsel law firms to submit their bills electronically. Is electronic billing just the latest fad, or is this an important new trend both law firms and law departments need to consider carefully?
IP Litigation Strategies: Patents: Markman Hearings (Part 2)
William J. Robinson of Foley & Lardner LLP
Bill Robinson, a Partner at Foley & Lardner, presented a discussion on managing costs in IP Litigation. IP Litigation, particularly patent litigation, has seen tremendous expansion, both in terms of amounts that clients have at stake and the price of participating in an IP case.
Employment Law: New Decisions Redefine the Scope of Attorney-Client Privilege to Former Corporate Employees
Kaufman, Payton & Chapa
An issue that frequently arises in employment cases is whether the attorney for the plaintiff may contact employees.
Conflicts of Interest
Julius Melnitzer of Lexpert
Distrust plagues the financial markets. The blatant conflicts of interest between Enron and its various independent off-balance sheet special-purpose vehicles (Raptor, Condor, Chewco, etc.) staggers the imagination. The acquiescence of Arthur Andersen throughout the fiasco defies belief. It is thus no surprise that few issues are as sensitive as the question of "conflicts".
Corporate Counsel And The Corridors Of Power
Richard G. Stock and Lori Brazier of Lexpert
The brain centre of CIBC is physically located on the 56th floor of Toronto's Commerce Court West, which houses the nine desks of CIBC's key executive management in a dramatic, open-plan concept space. No walls separate these corridors of power. The centre of this matrix, naturally, is chief executive officer John Hunkin. Several desks down from Hunkin is Michael Capatides, CIBC's executive vice-president and general counsel.
Outsouring: M&A in Drag
Marzena Czarnecka of Lexpert
Marriage, a.k.a. outsourcing, is significantly different from a one-night stand, says Richard Austin, chief legal counsel of EDS Canada Inc. Obvious? There are a few Bay Street lawyers who disagree.
Dealing With Conflicts In Joint Representation Of DefendantsIn Mass Tort Litigation
G. Luke Ashley and Richard L. Wynne, Jr. of Thompson & Knight LLP
As litigation continues to become increasingly complex with plaintiffs attempting to unite in class action lawsuits while naming as many defendants as possible, the legal costs associated with defending such lawsuits present a great economic challenge to many companies. This article addresses a number of ethical concerns which an attorney must consider before undertaking a joint defense in mass tort litigation.
Meeting Expectations--Even When Busy
Richard N. Drake of Womble Carlyle Sandridge & Rice, PLLC
Interestingly, I have received the most feedback on the columns I have written in the last year on the December col.
Corporate Scandals: Four Questions
Daniel J. DiLucchio and Marci Krufka of Lexpert
With a few exceptions, in-house lawyers have fared much better than most other stakeholders in the many corporate scandals that have occurred this year. Accountants, CEOs, investment bankers and stock analysts have undergone much public scorn and scrutiny. We have heard about Nancy Temple, the Andersen lawyer whose revised memo provided the jury with sufficient evidence of intent to find Andersen guilty in its criminal trial.
Tailoring A Firm For Value-Added Marketing
Joel A. Rose of Joel A. Rose & Associates, Inc.
This article describes several practical approaches that have been employed by financially successful, marketing oriented law firms to law firms that have added value to their clients, hence, making these firms to be valued and continuing resources of their client.
Three New Questions To Ask Before Outsourcing
Norman Clark of Lexpert
The growing interest in outsourcing has reached the corporate law department. Actually, law departments have pioneered outsourcing in many companies, having for years routinely referred important corporate legal matters to outside service providers. The outsourcing concept should be comfortable for law departments, but it's not.
Joint-Defense Agreements -- The Hidden Dangers
Patrick M. Ryan of Thelen LLP
You've been asked to enter into a joint-defense agreement. It seems to make sense from the perspective of a zealous advocate - it may greatly benefit your client by allowing the attorneys to pool knowledge, expertise and resources. But have you considered all of the potential dangers of a joint-defense agreement from the perspective of your own legitimate self-interest?
Evaluating Experience: The Key to Successful Selection of Outside Counsel
Steve Noel of FindLaw M V
Beyond simply covering their employer's legal exposure, in-house corporate counsel increasingly must consider the public relations, financial and personal implications associated with getting the right or wrong advice from outside counsel. FindLaw® recently launched the Thomson Legal Record, a first-of-its kind resource designed to help in-house corporate attorneys make more informed decisions when hiring outside counsel. TLR enables users to research and verify an attorney's realworld litigation experience by combining a high-level view of an attorney's litigation history from Westlaw, an attorney's West Legal Directory® profile, and published articles on FindLaw.com.
Crossing Over: Lawyers as Corporate Executives
Irene Taylor of Lexpert
"In the twenty-first century, change is discontinuous, abrupt, seditious.
Employers Beware--MCAD Revamps Procedural Regulations
Nixon Peabody LLP
This article discusses the Massachusetts Commission Against Discrimination newly revamped procedural regulations which establish a vastly different case-handling procedure for discrimination actions.
Does the Crow Law Firm Handle Injuries From Auto Accidents?
The Crow Law Firm
One of the most common questions we are asked by clients is "Do you handle injury cases other than railroad? .
The Quiet Art of Outsourcing
Ann Macaulay of Lexpert
As the great Zero Mostel (playing Max Bialystock) shouted out in the 1968 film classic The Producers, "if you've got it, flaunt it." The problem in Canada, however, is that top legal talent in outsourcing generally suffer from-and there is really no other way to put this-stage fright. And publicity, as one would expect, is something their American competitors embrace.
Co-Benefiting from Technology
Dan C. Felean and Mario D'Amico of Lexpert
The sustained force of the New Economy is bringing about tremendous changes in the way business is conducted, and those changes are rippling across the legal profession. On the positive side, major Canadian law firms, like their counterparts in the US, are busier than ever. North American lawyers are commanding some of the highest billings and profits-per-partner known in the history of the profession.
Mass Disaster: A Victim's Guide
This guide should assist you in preserving your legal rights until you decide how you will pursue your legal rights in a mass disaster situation.