Sui Generis

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Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** ABA Ethics Opinion on Working Remotely In 2020, the pandemic changed just about everything. One of the biggest areas impacted was the way that work was performed. Out of necessity, it was the year of working remotely for businesses across the country. And with increasing COVID-19 surges across the country and vaccine availability for the general population at least 6 months away, working remotely will continue to be commonplace for months to come. For lawyers, working from home presents unique ethical issues due…
Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** 2020 Holiday Gift Guide for Lawyers 2020 has been quite the year, and it’s been anything but easy. No doubt, you’re ready for this unprecedented year to end so that we can look forward to a new, hopefully much less eventful 2021. In the meantime, the holidays are upon us and you may still have presents to buy. If so, you’re in luck! I’ve pulled together a last-minute holiday gift guide for lawyers, and I have no doubt that one of the gifts…
Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** NYC Bar On the Ethics Lawyers Appearing in Court During the Pandemic In October, I wrote about an opinion issued by the New York State Bar that addressed the ethical issues presented when a lawyer sought to withdraw as counsel due to health-related concerns regarding in-person court appearances during the pandemic. As I reported in my article, the New York State Bar Association’s Committee on Professional Ethics concluded that an attorney may indeed withdraw from representation due to COVID19-related concerns if the attorney…
Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Case shows why lawyers must encrypt e-communications Whenever your firm’s employees work remotely during the pandemic (and beyond), electronic communications will increase out of necessity. If those communications aren’t encrypted, you run the risk of inadvertently disclosing confidential client data. That’s why it’s imperative that your firm takes steps to encrypt online communications if it isn’t already doing so. Whether you decide to encrypt emails on a case-by-case basis or use the secure online communications portals that are often built into law practice…
Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** As we enter our ninth month of the pandemic and COVID-19 numbers are surging across the country, lawyers and judges alike are bracing for newfound full or partial shutdowns. If and when the shutdowns occur, our court systems will undoubtedly slow down, creating a bottleneck effect, just like what happened in the spring. And when that occurs, litigators run the risk of losing track of, or access to, case-related court filings. If this scenario should come to pass, and a lawyer’s access to…
I often write articles and blog posts for other outlets and am going to post a round up here from time to time (but won’t include my weekly Daily Record articles in the round up since I re-publish them to this blog in full). Apologize for the delay in posting this roundup, but in addition to my job with MyCase, I’ve been busy writing the annual update for the New York criminal law treatise I co-author for Thomson Reuters. In any event, here are my posts and articles published from November: 2020 in review: Legal software for working remotely –…
Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Should You Copy Clients On Emails to Opposing Counsel? As a result of the pandemic lawyers are working remotely now more than ever before. This means that out of necessity, in-person meetings are far less common during the pandemic, and lawyers are increasingly relying on email to communicate with clients and other attorneys. Of course, email is not an ideal way to communicate when confidential information is being shared. Not only is email inherently unsecure, since it’s like sending a postcard written in…
Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Does Facebook Have an Obligation to Prevent Murder? These days, we spend a lot of time online – probably more than we should. And for most of us, especially during the pandemic, a good percentage of our after work downtime occurs on social networks. We share (and sometimes overshare) our ups and downs, family celebrations, and in recent months, political opinions. Social media platforms have become a gathering place where we connect, interact, and blow off steam. For better or for worse, social…
I often write articles and blog posts for other outlets and am going to post a round up here from time to time (but won’t include my weekly Daily Record articles in the round up since I re-publish them to this blog in full). Apologize for the delay in posting this roundup, but in addition to my job with MyCase, I’ve been busy writing the annual update for the New York criminal law treatise I co-author for Thomson Reuters. In any event, here are my posts and articles published from September: How to make better decisions with litigation analytics software
Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** New York on withdrawing as counsel due to COVID-related fears In New York, court appearances have been sharply curtailed at times due to the pandemic. Online court appearances have become commonplace out of necessity and have been surprisingly well-received, especially by some members of the judiciary. That being said, in-person court appearances are sometimes still required, even as COVID-19 numbers are on the rise. For lawyers who are uncomfortable with the safety and security measures being taken by courts but are nevertheless required…
Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Michigan Bar weighs in on technology competence for lawyers Technology competence has been an ethical requirement for lawyers in many jurisdictions for years now. Specifically, ethics committees have generally required that lawyers take steps to ensure that they have a sufficient understanding of the technologies available to them iso that they can make educated decisions about when and how to use the technologies in their law firms. Of note is that this ethical obligation is all the more important in 2020 as many…
Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Law firms and technology post-COVID: The latest statistics It’s hard to believe that the pandemic has been with us for nearly 6 months now, and will likely be around for months – or even years – to come. While it’s hard to predict when the pandemic will end, one thing is for sure: COVID-19 has changed many aspects of our culture, from when and how we interact with others to how we conduct business. Many of those changes will undoubtedly be permanent. The legal profession…
Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Florida On The Ethical Issues Triggered by the Remote Practice of Law Since the start of the pandemic I’ve covered how the effects of COVID-19 have drastically altered the ways in which lawyers get their work done. The majority of lawyers have worked remotely at some point over the last six months and some continue to do so, with many large and mid-sized firms announcing that work-from-home policies are in place until at least the end of the year. Similarly, because of COVID-19,…
Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** DC Bar Weighs in on the Ethics of Working Remotely During COVID-19 If your firm is like most law firms, some or all members of your firm’s workforce has been working remotely since the onset of the pandemic. In many cases, your firm’s employees may have chosen to stay close to home (and the office) during quarantine periods, while others chose to move to more remote locations for varying reasons. If you’re one of the lawyers who chose the more remote option, your…
Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Judges and social media use: Drawing the line in New York In 2020, it’s safe to say that I no longer need to convince lawyers that social media is here to stay, since nearly everyone – including lawyers – regularly interacts on least social media site. And by “lawyers” I’m referring to pretty much anyone with a law degree, including judges. That being said, judges are unique. When they accept the position of a judgeship, they agree to walk a fine line in…
Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** The importance of planning for law firm resiliency during COVID-19 As the COVID-19 pandemic continues to surge in some parts of the country, you’re likely wondering about the future of your law firm and its book of business. One way to abate those concerns is to prioritize preparing your firm for whatever may come. Make sure you’re never caught flat-footed and take steps to ensure business resiliency no matter what happens. Why? Because that’s the only way to ensure future success and stability.…