Whoops! The New Rules, Law Firms and Cyberattacks
By Edward McIntyre Macbeth, Duncan and Sara were enjoying a celebratory toast at the Red Coach & Horses when MacTavish, drink in hand, joined them. “Have you guys seen the news about that major...
Category: Legal Ethics
It’s a Small, Small World: GDPR — not just for EU lawyers
By Edward McIntyre Macbeth and Duncan were returning from court when Clyde Tabbit caught up with them. “Macbeth, got a question. Got a minute?” “Here’s our building. Let’s go up to the office.” “Really...
Ethical Roadmap for Data Breach or Cyberattack
By Carole Buckner ABA Formal Opinion 483 provides a roadmap regarding a lawyer’s ethical obligations following a cyberattack or data breach involving confidential client information, where such information is misappropriated, destroyed or otherwise compromised,...
Ethics Rules, Conflicts, Waivers and Money
By Edward J. McIntyre On August 30, the California Supreme Court decided Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Company, Inc. (2018) 6 Cal.5th 59. On all issues but one, the Court was unanimous; five justices,...
Lawyers’ Response to Cyber Attacks
By David Majchrzak Law firms of all sizes have increasingly become the subject of cyber attacks. They maintain highly sensitive data, including private information about their clients. They have inside information about businesses, including...
Stop Reading Inadvertently Disclosed Privileged Writing and Notify Counsel
By Rayna A. Stephan Resist the temptation of examining apparently privileged writing sent inadvertently by opposing counsel. Stop reading and return it to sender. When an attorney receives a writing that appears to be...
Communication with Clients — Utmost Importance
By Michael Crowley California attorneys are constantly reminded that the number one reason for complaints to the state bar about attorneys is the failure to respond to requests for information from clients. Why? Think...
Teaching Lessons: Students Rewrite the Rules of Professional Conduct in a Blank Slate
By Edward McIntyre A good friend asked me to lecture to her business ethics class at San Diego State University, mostly juniors and seniors. During class, she would mark the 54 students on “participation,”...
The “Tripartite Relationship” Some Thoughts on Avoiding the Pointy End
By Edward McIntyre Typically, when a lawyer represents two clients in the same matter, the relationship is both clear and balanced. The lawyer owes equal loyalty to each client; neither has a primary claim on the lawyer’s fidelity....
It’s a Small, Small World: GDPR — not just for EU lawyers
By Edward McIntyre Macbeth and Duncan were returning from court when Clyde Tabbit caught up with them. “Macbeth, got a question. Got a minute?” “Here’s our building. Let’s go up to the office.” “Really...