This week is the ABA’s Pro Bono Week. Basically, the week is touted as a time to celebrate those who do pro bono work, and encourage those who don’t, to start. Doing pro bono work is one of those things that attorneys say they’d like to do more of, while also saying they’re unable to due to time or money issues. However, pro bono work doesn’t have to be viewed as a financially losing proposition....
The millennium used to be considered a bad thing. Millenarians in 899, 1199, and 1299 thought the ticking of the clock would soon bring a Final Judgment and the beginning of the Apocalypse. In 1999, we all worried that the New Year, and the Y2K bug, would send airplanes falling from the sky. Now, of course, when we think about the millennium, we think much less about gloom and doom and much more about Millennials, the largest living generation in the United States right now....
First, the bad news: you have to inform current clients when you make material errors. The good news is, you don’t have to tell former clients. That’s the gist of a recent ethics opinion from the American Bar Association. So what are we to learn from the “tell-don’t-tell” rule? Get rid of those erred-upon clients so you don’t have to tell them? Ethics Opinion 481 Hold on, it’s just an opinion....
The Internet has made consumer engagement easier than ever before. Consumers can tweet about your products, connect with your company on Facebook, or follow the brand on Instagram. Many companies also allow for users to generate content directly on the company website. Apple’s Support Communities are a good example of this, as are FindLaw Answers. But before you add user-generated content to your website, you’ll want to make sure you’re up to speed on legal protections and risks....
As an in-house lawyer, what should you do if you have reason to believe that your client is up to no good? Can you sing? Well, if you’re in New York, you’d best keep your lips shut – at least for the time being. Bloomberg reports that a New York State Court recently found that in its opinion, attorney-client confidentiality can preclude an attorney from being a whistleblower. What’s more, ratting out on your client is a breach of professional ethics....
On Friday, Trump issued an executive order barring visitors, immigrants, and refugees from seven majority-Muslim nations from entering the United States. Soon after, lawyers began swarming America’s major airports, seeking to file habeas petitions on behalf of those detained or turned away. By Saturday night, a judge in the Eastern District of New York had issued a limited stay. Stays from district courts in California and Washington State soon followed....
Maybe it’s a generational thing, that some lawyers still believe certain myths about working from home. A generation ago, perhaps “working at home” meant you were a homemaker or perhaps not working at all. It was more a euphemism for being out of work, disabled or retired. Those ideas are so 20th Century. Yet even today, in the Internet Age, there are false assumptions about lawyers who actually do work from home....
T-Mobile’s email and confidentiality policies violate the law by limiting employees’ ability to talk about basic work issues and are illegal, an administrative judge with the NLRB ruled Wednesday. The communication giant’s copious confidentiality policies were so broad that they illegally chilled employees’ right to engage in protected activities, such as discussing workplace wages and conditions. T-Mobile’s policies were so expansive that even its entire employee handbook, with all the terms and conditions of employment, discipline, and performance review, was considered confidential....
The U.S. Court of Appeals for the First Circuit affirmed a lower court’s denial on a request for habeas corpus relief of a prisoner, Alfredo Companonio. Companonio is currently serving a life sentence for a 1987 conviction on first degree murder. He claims that he was wrongly convicted as he received ineffective assistance of counsel during the course of his murder trial. Specifically, Companonio is alleging that his counsel failed to present a mental impairment defense....
The ability of foreign attorneys to provide legal advice and serve as in-house counsel in the United States may soon be expanded. The ABA Commission on Ethics 20/20 is proposing amendments to the ABA Model Rules of Professional Conduct. With increased globalization and more foreign attorneys working on both domestic and international legal issues, this topic is of interest to many in house counsels. allow foreign attorneys to work as in-house counsel, allow foreign attorneys to apply for pro hac vice admission, and merge the ABA Model Rule for Temporary Practice by Foreign Lawyers with Rule 5....
It’s easy to be a jerk on Twitter. It’s so easy, indeed, that the social media network has been flooded with angry young men harassing women and trolls spamming Star Wars spoilers. Twitter has even become one of the main recruiting platforms for both ISIS and Donald Trump. Now, Twitter has taken a stronger stance against cyber harassment and online bullying, clarifying its policy on abusive and hateful conduct. Once the bullies are taken care of, will terrorist recruiters be next?...
Cocaine base related conviction US v. McGhee, 09-1322, concerned a challenge to a conviction of defendant for possession of cocaine base and for possession of cocaine base with intent to distribute. In affirming the conviction, the court held that the district court properly denied the suppression of the package of thirty-one baggies as the strip search was lawful. The court also held that the district court did not err in allowing a testifying chemist to rely in part on another chemist’s test results as to one drug sample to establish the nature and weight of the drugs as other evidence overwhelmingly established that defendant held at least some of the baggies for distribution....
District court’s conviction of defendant for conspiracy to possess with intent to distribute drugs and other drug related offenses is affirmed where: 1) jury instructions were sufficient as the substance of defendant’s requested instruction was covered in the district court’s instructions; 2) there was sufficient evidence to support the jury’s conclusion that defendant took part in a single conspiracy: 3) district court’s admission of the evidence regarding bad acts committed by defendant after the end of the conspiracy was far from plain error; and 4) at no point in its closing argument did the prosecution make references to defendant’s failure to testify....
FindLaw columnist Eric Sinrod writes regularly in this section on legal developments surrounding technology and the internet. Well, if you haven’t, U.S. Senator Charles Schumer has given this some thought. Indeed, he is proposing a bill that would make it illegal for anyone to distribute or copy these images in an unauthorized fashion. Penalties potentially could include fines of as much as $100,000, up to a year in prison, or possibly both....
Corporate policies on hiring and firing are an important part of any large business. But should a company have a policy about when workers will be fired for out-of-office behavior? Of course if your client hires employees who are “at will,” then legally firing them isn’t a problem in most cases. Even if employees can only be fired for cause, some out-of-office behavior certainly applies as reasons for termination. But given the very public issues that the voice of “Elmo,” Kevin Clash, has dealt with and his resulting resignation from “Sesame Street,” it might be worth considering a policy that makes it clear when personal behavior interferes with work....
How long can the government hang on to a computer without a warrant? Is a 25-day delay in submitting an application for a search warrant an unreasonable seizure under the Fourth Amendment? David Laist pleaded guilty conditionally to possession and receipt of child pornography, but later appealed the district court’s denial of his motion to suppress all evidence retrieved from his personal computer and five external hard drives. The Eleventh Circuit Court of Appeals affirmed that district court’s denial, finding that the totality of the circumstances indicates that the government acted reasonably in obtaining the search warrant....
If you haven’t noticed, the world has been invaded by Pokemon – or at least, Pokemon Go. The new “augmented reality” game has millions of users wandering the streets, chasing after Pikachus and Squirtles. And, of course, it has legal implications, from its connection to armed robberies and dead bodies to concerns over data privacy. In that way, Pokemon Go is a pretty typical video game, for such games often connect to the law in some shape or form....
Online marketing isn’t a new technique but the ABA has just caught up to the trend. That means it will be easier for lawyers to use these tools from now on. New Model Rules approved on Monday cover common marketing techniques like online lead generation, online communications, and client information submissions via a website. Using these methods was previously accepted and some lawyers did participate. The new rules give clearer guidelines about what behavior is acceptable and what might lead to an ethical dilemma....
Pinterest. If you don’t use it, you’ve probably heard of it. It’s causing a lot of concern. Kristen Kowalski, a Georgia attorney, recently wrote about the controversy on her photography blog. Pinterest allows millions of users to pin – or add – photos to digital bulletin boards. They can then share those boards and images with their friends and so on. In simpler terms, Pinterest is a hotbed of copyright infringement, and unbeknownst to many, its users are on the hook....
Hey Amicus fans, good news. Amicus 2011 is out. Amicus, the world’s leading law firm practice management software is out in four distinct flavors. Premium Edition, Small Firm Edition, Amicus Accounting, and Amicus Mobile. Amicus is used by tens of thousands of law firms around the world. The Amicus 2011 line is the next step forward in the Amicus software suite. The Premium Edition allows you to manage every aspect of your practice with Amicus....
