Anthony E. Davis

November 02, 2009 | New York Law Journal

Anthony E. Davis, a partner of Hinshaw & Culbertson, discusses several decisions determining whether employees can retain attorney-client privilege for e-mails sent to their lawyers using their employer-provided e-mail addresses and computers and attempts to reconcile the apparently inconsistent conclusions the courts reached in those cases. Two lessons are clear: First, employers need to have very carefully formulated, broadly worded policies regarding employees' lack of expectation of privacy, that are diligently and repeatedly circulated to all employees. Second, whenever an attorney receives potentially privileged or confidential information relating to the opposing party, that attorney should carefully consider how that information was obtained.

By Anthony E. Davis

14 minute read

September 05, 2006 | New York Law Journal

Anthony E. Davis, a partner of Hinshaw & Culbertson LLP, reviews a recent First Department decision addressing the question of when and on what basis a lawyer may interview a high-level former employee of a represented adverse party, and the latest developments in the controversy over New Jersey Opinion 39, the "Super Lawyer" opinion.

By Anthony E. Davis

7 minute read

November 05, 2007 | New York Law Journal

Anthony E. Davis, a partner at Hinshaw & Culbertson, writes that if a client refuses to countersign an engagement letter, the client is also likely later to refuse to sign the checks required to pay the fees - as all too many lawyers have found out.

By Anthony E. Davis

9 minute read

July 03, 2006 | New York Law Journal

Anthony E. Davis, a partner of Hinshaw & Culbertson LLP, writing on "sweeping" new restrictions on lawyer advertising which the four presiding justices of the appellate divisions have approved for public comment, addresses some of the more troublesome proposals in detail and suggests that the package as a whole is both unnecessary and unworkable.

By Anthony E. Davis

11 minute read

March 06, 2006 | New York Law Journal

Anthony E. Davis, a partner of Hinshaw & Culbertson LLP, examines some recent decisions that confirm the need for, and value of, lawyer-client letters when no engagement is accepted or when the relationship is terminated either prior to or following completion of the representation. Nonengagement, disengagement and closing letters are important tools for law firms of all sizes.

By Anthony E. Davis

10 minute read

August 03, 2006 | New York Law Journal

Anthony E. Davis, a partner of Hinshaw & Culbertson LLP, writes that normally, the issuance of an ethics opinion � and perhaps especially an opinion relating to lawyer advertising � from New Jersey would not even rate a mention in this column. However, the appearance on the scene of Opinion 39 generated more calls and emails within a week of its first publication than any other development in the area of professional responsibility in the nearly 30 years that the author has been writing about legal ethics.

By Anthony E. Davis

11 minute read

May 04, 2009 | New York Law Journal

Anthony E. Davis, a partner of Hinshaw & Culbertson, reviews Rule 1.5 of the new Rules of Professional Conduct, which contains significant differences from the preceding rules that governed fees, and two recent cases that clarify different aspects of the law relating to legal fees.

By Anthony E. Davis

9 minute read

September 10, 2007 | New York Law Journal

Anthony E. Davis, a partner of Hinshaw & Culbertson, asks: At what point does zealous representation of clients spill over into conduct that will give rise to sanctions . . . ?

By Anthony E. Davis

8 minute read

September 08, 2008 | New York Law Journal

Anthony E. Davis, a partner at Hinshaw & Culbertson, writes that whether and when law firms should be able to rely on advance waivers of conflicts of interest involves the resolution of competing paradigms of legal ethics. On the one hand, the rules governing conflicts of interest are premised on the fiduciary duties of loyalty and the protection of client confidences. On the other hand, the law governing lawyers recognizes the principles that clients should normally be free to select counsel of their choice, free from outside interference, and that client consent can, in appropriate circumstances, form a proper basis for overcoming prohibitions on conduct that would otherwise be impermissible.

By Anthony E. Davis

12 minute read

September 06, 2011 | New York Law Journal

In his Professional Responsibility feature, Hinshaw & Culbertson partner Anthony E. Davis analyzes a recent California case, Oasis West Realty LLC v. Goldman, which has generated an extensive debate around the country because of its potentially broad implications for attorney-client relationship.

By Anthony E. Davis

8 minute read