The Legal Intelligencer | Commentary
By Mark Hinderks | April 29, 2024
Whether communications (oral or electronic) received by the lawyer constitute such a "consultation" to trigger "prospective client" status depends on the circumstances, including whether the lawyer or law firm has invited the submission of information about the representation through advertising, website reference, etc., without qualifying cautionary statements or warnings about the nature of the communications.
The Legal Intelligencer | Commentary
By Daniel J. Siegel | April 19, 2024
Pennsylvania's newly proposed Rule of Professional Conduct 1.20 makes succession planning mandatory. It is a very good start, but hopefully, after public comment, the Disciplinary Board will revise and improve it.
The Legal Intelligencer | News
By Aleeza Furman | April 11, 2024
"It seems odd that when your livelihood is being taken away, even if temporarily, … we only have to do preponderance of the evidence," Brobson said.
The Legal Intelligencer | Commentary
By Mark Hinderks | March 26, 2024
When a lawyer has terminated their association with a firm, the firm is not thereafter prohibited from being adverse to a client represented by that formerly associated lawyer, and not currently represented by the firm.
The Legal Intelligencer | Commentary
By Alesia S. Sulock and Josh J.T. Byrne | March 21, 2024
Law firm managers need to take care in drafting employment agreements to avoid restrictions that may violate the Rules of Professional Conduct.
The Legal Intelligencer | Commentary
By Matthew B. Weisberg | March 12, 2024
In the past, this column has predominantly involved attorney civil liability mostly focusing on legal malpractice. This edition is intended to outline the elements of attorney-based RICO misconduct; while in a criminal context, civil RICO generally does not differ much.
The Legal Intelligencer | Commentary
By Rebecca Glenn-Dinwoodie | March 11, 2024
Proving ownership of an animal can get murky, especially when veterinary records, bills of sale, and other documents are ambiguous, outdated or, commonly, nonexistent. When that animal is in possession of another, establishing ownership becomes a necessary factor in the reclamation of that animal through replevin litigation.
The Legal Intelligencer | Commentary
By Ellen C. Brotman | March 1, 2024
The country's faith in these institutions, including our elections and our civil and criminal justice systems has eroded. How far has that erosion of faith gone? Can it be stopped? What is the role of lawyers in protecting the Rule of Law?
The Legal Intelligencer | Commentary
By Mark Hinderks | February 26, 2024
This issue is often framed as whether the client has a reasonable belief that the firm still represents it. In this case, the absence of work for the corporate client for a significant period of time weighs toward the former client, but the overall length and depth of the relationship (and extending beyond to the family of owners involved in the business) cuts the other way.
The Legal Intelligencer | Commentary
By Daniel J. Siegel | February 19, 2024
The headline was clear and scary. "Cyberattack Hits Administrative Office of Pennsylvania Courts." Yes, another attack on the courts. The attack disabled online docket sheets and the electronic case document filing portal. Court officials claimed that there was no evidence that the hackers had stolen data.
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