Legal Ethics & Professionalism

September 30, 2013

To the Rules Committee: Please Give Our Clients their Day in Court

Written by Steve Herman
December 1, 2012

Professionalism

Written by Steve Herman
January 13, 2012

Ninth Circuit Creates Split with Third Circuit, finding that the “Fiduciary Exception” to Attorney-Client Privilege Should be Extended to Insurers Administrating Benefit Plans, as ERISA Fiduciaries.

Written by Steve Herman
December 1, 2011

Amended Federal Rule of Evidence 502 Expands Non-Waiver due to Inadvertent Disclosure related to any Federal Officer and/or Federal Proceedings.

Written by Steve Herman
August 4, 2011

ABA Issues Opinion Regarding the Duty to Protect the Confidentiality of E-Mail Communications with One’s Client.

Written by Steve Herman
August 4, 2011

ABA Issues Opinion that No Duty is Owed under Rule 4.4(b) when an Employer’s Lawyer Receives Copies of an Employee’s E-Mail Communications with the Employee’s Counsel on the Employer’s Computer System.

Written by Steve Herman
July 7, 2009

Court Reduces Hourly Rate of Attorney Due to Inexperience with E-Discovery.

Written by Steve Herman
January 30, 2009

Alleged Attorney-Client Privilege and Work Product Protections vitiated by Crime-Fraud Exception where Law Firm Assisted Client in Concealing Relevant Documents from Opposing Party and the Court.

Written by Steve Herman
January 26, 2009

Magistrate Rejects “Claw Back” of Privileged Documents Previously Turned Over to the SEC.

Written by Steve Herman
January 12, 2008

Court Prohibits Defendant from Making Potentially “Coercive” Settlement Offers to Putative Classmembers.

Written by Steve Herman