Related Papers
The Impact of Technological Developments on the Rules of Attorney Ethics Regarding Attorney–Client Privilege, Confidentiality, and Social Media
2016 •
Lucian Pera
This article focuses on the development of the law of ethics and technology. Emphasis is placed on how technological developments have affected the rules and means by which lawyers practice law and certain ethical pitfalls that have developed hand-in-hand with technological advancements. Topics examined include: (1) the ways by which electronic communication has increased the potential for the attorney–client privilege to be waived and the resulting impact on the present-day practice of law; (2) the effect of social media on lawyers’ ethical obligations, including counseling clients regarding the client’s use of social media and the lawyer’s own use of social media; and (3) the impact of cloud computing on a lawyer’s obligation to protect client confidences. The authors examine the development of these technological effects on the practice of law through an examination of the evolution of the American Bar Association, its Model Rules of Professional Conduct, and state ethics opinion...
Bepress Legal Series
Privilege Can Be Abused: Exploring the Ethical Obligation to Avoid Frivolous Claims of Privilege
2006 •
Maura Strassberg
Deposition Dilemmas: Vexatious Scheduling and Errata Sheets
1998 •
Darby Dickerson
Deposition Dilemmas: Vexatious Scheduling and Errata Sheets, 12 Geo. J. Legal Ethics 1 (1998)
1998 •
Darby Dickerson
2011 BAR EXAMINATION IN LEGAL ETHICS
Princess Dianna Zafra
In 2005, he moved to San Sebastian Institute of Law where he taught Political Law. Is Atty. Mike exempt from complying with the MCLE for the 4th compliance period in April 2013? A. No, since he has yet to complete the required teaching experience to be exempt. B. No, because he is not yet a bar reviewer. C. Yes, since by April 2013, he will have been teaching law for more than 10 years. D. Yes, since he updated himself in law by engaging in teaching.
Privilege Can Be Abused: Exploring the Ethical Obligation to Avoid Frivolous Claims of Attorney-Client Privilege
2007 •
Maura Strassberg
I. THE ETHICAL STATUS OF ATTORNEY-CLIENT PRIVILEGE 420 II. THE ETHICAL BASIS OF LIMITING CLAIMS OF PRIVILEGE 422 A. Abuse of Privilege as a Violation of the Duty to Provide Competent Representation 422 B. Abuse of Privilege as a Violation of the Ethical Duties Not to Make Frivolous Claims or Defenses and Fairness to the Opposing Party 426 III. ETHICALLY IMPERMISSIBLE CLAIMS OF ATTORNEY-CLIENT PRIVILEGE 432 A. Claims of Privileges Made for Frivolous Purposes 433 B. Claims of Privilege Made in a Frivolous Manner 440 1. Lack of Factual Inquiry 441 2. Lack of Legal Research of Analysis 449 3. Lack of a Complete Privilege Log 461 C. Substantively Frivolous Claims of Privilege 465 1. General Characteristics of Substantively Frivolous Claims 467 2. Specific Claims of Privilege that are Substantively Frivolous 471 a. Frivolous Because No Legal Advice 472 b. Frivolous Because No Lawyer Qua Lawyer 478 c. Frivolous Because Not Communications Relating to the Purpose of Seeking Legal Advice 479 ...
N C L Rev
Zealous Representation Bound: The Intersection of the Ethical Codes and the Criminal Law
1990 •
Bruce Green
Am. UL Rev.
The Supreme Court's Increased Attention to the Law of Lawyering: Mere Coincidence or Something More?
2010 •
Renee Newman Knake
Brooklyn law review
The Reluctant Witness for the Prosecution: Grand Jury Subpoenas to Defense Counsel
1985 •
stacy caplow
Antonin Scalia Law School
Conspirators' Privilege and Innocents' Refuge: A New Approach to Joint Defense Agreements
2013 •
Craig Lerner
The joint defense privilege allows parties to share information with others in common legal interest, without waiver of the attorney-client privilege. Practitioners’ guides to white-collar crime now regularly include entire chapters devoted to the drafting of agreements (known as joint defense agreements) that formalize the sharing of privileged information without waiver of the attorney-client privilege among witness in a grand jury investigation. Such agreements are said to be beneficial because they facilitate the flow of information among subjects of an investigation, as well as promote efficiency (by permitting parties to divide up tasks) and fairness (by permitting parties to coordinate strategies and overcome informational advantages ordinarily wielded by the prosecutor).This Article questions the prevailing wisdom and argues that the joint defense privilege, especially in the context of criminal investigations, is of doubtful social utility. The Article first questions the d...
