November 18, 2024 | The Legal Intelligencer
What Are Forbidden Sexual Relations With Clients?All “sexual relations” with clients are forbidden under Rule 1.8(j), unless a consensual relationship existed between the attorney and the client when the attorney-client relationship commenced. However, what constitutes “sexual relations” was previously not defined at all in the rule, and that has led to some interesting questions in our increasingly remote and virtual world.
By Alesia S. Sulock and Josh J.T. Byrne
5 minute read
September 18, 2024 | The Legal Intelligencer
Socially Responsible Lawyers: Why You Need to Understand Social Media to Competently Represent Your Clients (Part 1)Social media creeps into the practice of law in many ways. We must be cognizant of our own use of social media and that of our clients.
By Alesia S. Sulock and Josh J.T. Byrne
6 minute read
July 15, 2024 | The Legal Intelligencer
'But I Could Have Gotten More!'—Damages Speculation in Legal Malpractice CasesThere is still a very good argument- with very good reasons behind it—that speculation regarding settlement cannot be the basis for damages in a legal malpractice action. It is almost always true that in order to succeed in a legal malpractice action in Pennsylvania, the plaintiff must prove that but for the attorney's alleged negligence they would have won the underlying action.
By Alesia S. Sulock and Josh J.T. Byrne
7 minute read
May 15, 2024 | The Legal Intelligencer
Your Well-Being Matters: Attorney Mental Health and Professional CompetenceAttention to well-being is critical from the perspective of a lawyer's own health and the attorney's law practice.
By Alesia S. Sulock and Josh J.T. Byrne
6 minute read
March 21, 2024 | The Legal Intelligencer
Restricting Restrictions: When Attorney Employment Agreements Run Afoul of the Rules of Professional ConductLaw firm managers need to take care in drafting employment agreements to avoid restrictions that may violate the Rules of Professional Conduct.
By Alesia S. Sulock and Josh J.T. Byrne
9 minute read
November 17, 2023 | The Legal Intelligencer
Probable Cause as a Matter of Law in Dragonetti CasesIn Philadelphia Contributionship Insurance v. Wright, the court rejected an argument that a plaintiff establishes an absence of probable cause merely because the other side lost, stating that such an argument is "repugnant to this court as a matter of policy, this argument fails as a matter of law."
By Alesia S. Sulock and Josh J.T. Byrne
6 minute read
September 15, 2023 | The Legal Intelligencer
You Diligently Protect Your Clients; What About You? Part 2 (The Middle and the End)Risk management does not end with the signing of the engagement agreement, however. Attorneys should consistently consider and address risks arising in their practice throughout the life of each and every representation.
By Alesia S. Sulock and Josh J.T. Byrne
8 minute read
July 14, 2023 | The Legal Intelligencer
You Diligently Protect Your Clients; What About You? Part 1 (The Beginning)By incorporating risk management from the very beginning of the representation, an attorney can better protect against legal malpractice claims or disciplinary complaints arising from simple misunderstandings between lawyer and client.
By Alesia S. Sulock and Josh J.T. Byrne
8 minute read
May 16, 2023 | The Legal Intelligencer
Why Your Mental Health Matters to the Disciplinary BoardWhile the very thought of dealing with the Office of Disciplinary Counsel may stress attorneys out, the ODC and the Disciplinary Board have a vested interest in attorneys' mental health.
By Alesia S. Sulock and Josh J.T. Byrne
6 minute read
March 17, 2023 | The Legal Intelligencer
When Disciplinary Counsel Knocks on Your Door, How Do You Respond?An understanding of the disciplinary process is essential to successfully defending against a disciplinary action, and can mean the difference between your ability to continue practicing law or needing to find a new job.
By Alesia S. Sulock and Josh J.T. Byrne
7 minute read
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