Did you know that giving your computer to charity can run afoul of your ethical requirements as an attorney? Did you know you had an ethical duty to be technologically competent enough to handle all of the technological aspects of a basic discovery request?
These are the kinds of questions we’ll be answering at the Legal Technology Leadership Summit. You can sign up to attend the conference here. One of the panels will feature a dedicated discussion of ethics when it comes to electronic discovery and social media.
The panel will explore these specific situations:
A lawyer “friends” an opposing party or a witness in a pending trial.
A judge “friends” a lawyer.
Lawyers fail to consolidate duplicate electronic records and perform unneeded reviews of duplicate records.
Lawyers place client data on unsecured drives.
A lawyer’s PC has unencrypted client data and is stolen at a restaurant or in an airport.
For attorneys, missing deadlines is a big no-no. BIG no-no. A Goodyear blimp-sized no-no. People have literally died because of blown deadlines. Cases worth millions of dollars get tossed out because of missed deadlines, even if someone has a decent excuse.
That being so, I do not envy the lawyer who had to tell his client that the 4th Circuit shut down their lawsuit because he didn’t know how to use his Microsoft calendar.
More about the difference between “excusable neglect” and this run-of-the-mill bonehead mistakes after the jump…
Dickie Scruggs was at one time a preeminent plaintiffs tort lawyer, with major wins in tobacco, asbestos and insurance litigation. His reign ended with his conviction for the attempted bribery of a Lafayette County Mississippi Circuit Court Judge. Former U.S. Attorney Tom Dawson was heavily involved in the Scruggs investigation and prosecution. He and political blogger Alan Lange of YallPolitics.com detailed Scruggs’ dealings in their recent book, Kings of Tort.
In their keynote address, Dawson and Lange will provide an inside look at Scruggs’ modus operandi – complicity in the theft of corporate information (paper and electronic) by a company’s employees who are later paid consulting fees; providing those records to state attorneys general for their potential use in civil and criminal proceedings; striking contingent-fee arrangements with government agencies; the well-orchestrated political and public relations campaigns that accompanied the litigation; and the funneling of political contributions to state officials.
The authors will also provide an inside view of the eight-month undercover investigation and four months of litigation that followed resulting in the conviction and prison sentences of Scruggs, and four other defendants, three of whom were also tort lawyers, including Scruggs’s son and a former State Auditor.
Maybe I’m just naive, but I find the concept of conducting any courtroom business via video enthralling but also a bit unnerving. It seems so inconsistent with the mythical and timeless ideals of the hallowed halls of justice, yadda yadda yadda.
Whether we like it or not, however, video conferencing is creeping into courthouses across the country. For example, as I previously reported, a Georgia court let a criminal witness testify via Skype.
Last week a government survey revealed that Pennsylvania state courts conduct more than 15,000 video conferences each month. More than half were preliminary arraignments, but the state used videoconferencing for warrant proceedings, bail hearings and sentencing hearings, too.
According to the survey, not only does video conferencing save the state a boatload of money, it also saves magistrate judges from having to personally interact with the pesky “derelicts” charged with crimes.
Keep reading to find out how virtual arraignment conserves dollars and judicial peace of mind….
Allegations of criminal conduct can be made against attorneys from all walks of life. An innocent-looking solo practitioner in Illinois can be accused of prostitution. A partner in a well-regarded Minnesota law firm, the incoming president of the state bar association, can be accused of molesting a child (and convicted of criminal sexual conduct, after pleading guilty).
Such seamy accusations aren’t limited to the heartland; we also see them here in New York, at elite law firms. As we mentioned last night, Moshe Gerstein — a 35-year-old corporate associate in the New York office of Gibson Dunn, who also once worked at Skadden — has been charged by the Manhattan District Attorney’s office with child pornography possession. And we’re not talking about garden-variety kiddie porn, but images of a particularly disturbing nature.
Let’s learn more about the charges against this young lawyer, have a look at Moshe’s mug, and hear from some tipsters who know him — including a former colleague….
The normally tepid e-discovery world felt a little extra heat of competition yesterday. Recommind, one of the larger e-discovery vendors, announced Wednesday that it was issued a patent on predictive coding (which Gabe Acevedo, writing in these pages, named the Big Legal Technology Buzzword of 2011).
In a nutshell, predictive coding is a relatively new technology that allows large chunks of document review to be automated, a.k.a. done mostly by computers, with less need for human management.
Some of Recommind’s competitors were not happy about the news. See how they responded (grumpily), and check out what Recommind’s General Counsel had to say about what this means for everyone who uses e-discovery products….
Sorry, we can’t help you with registering for the New York Bar Exam.
Yeah, for those who haven’t been paying attention to some of my prior coverage, the New York Board of Law Examiners occasionally has problems. Today they’ve got a big one. People were supposed to be able to figure out where they’d be taking the bar exam this summer, but things have not gone smoothly. A tipster reports:
the email with a link to the sign up for NY Bar locations for out-of-state test takers went out today at 2:36. The site crashed at 2:41. I think that the Bar Association could at least pretend to give a s*** and make an effort to make sure their equipment works.
Service has been spotty to non-existent since then. That’s okay, out-of-state test takers. I hear Albany is lovely in the middle of the summer. (/Sarcasm off.)
We can’t make registering for the bar any faster, but perhaps we can make studying for the bar a lot faster for everybody taking BAR/BRI this year…
Google announced yesterday that hackers in China had gotten access to hundreds of Gmail accounts. And it wasn’t just anyone’s email. The attack targeted senior government officials in the United States, Chinese political activists, officials in several Asian countries, military personnel, and journalists.
I have a feeling we will hear a lot more about this over the next few days. For the moment, let’s take a look at the details we know so far….
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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