Anthony E. Davis

September 04, 2012 | New York Law Journal

In his Professional Responsibility column, Hinshaw & Culbertson partner Anthony E. Davis discusses the arguments supporting both the need for and the utility of civil behavior in law practice, and provides examples of self-defeating aggressiveness by lawyers, as well as some inventive steps courts have taken to improve the behavior of lawyers.

By Anthony E. Davis

11 minute read

January 03, 2012 | New York Law Journal

In his Professional Responsibility column, Anthony E. Davis of Hinshaw & Culbertson writes: This article addresses a profoundly troubling area of legal ethics, the meaning and scope of lawyers' duty of honesty. Why troubling? Because while the governing Rules of Professional Conduct are crystal clear - honesty is not only the best, but the only permissible policy - there are in fact circumstances where the law permits lawyers to engage in certain kinds of conduct that can only be described as dishonest.

By Anthony E. Davis

14 minute read

September 12, 2002 | Law.com

Two events occurred this summer, each portending momentous changes for the legal profession. First, President George W. Bush signed into law the Sarbanes-Oxley Act. And second, the American Bar Association House of Delegates adopted the Report of the Commission on Multijurisdiction Practice. They are perhaps most remarkable because they are based on irreconcilable visions of who should regulate the legal profession in the future.

By Anthony E. Davis

12 minute read

March 05, 2012 | New York Law Journal

In their Professional Responsibility column, Anthony E. Davis, a partner at Hinshaw & Culbertson, and Katie M. Lachter, a senior associate at the firm, seek to distill the legal and ethical principles that have emerged from the growing body of case law and commentary on lateral movement, and provide guidance both for departing lawyers and the law firms that are either losing or acquiring an attorney.

By Anthony E. Davis and Katie M. Lachter

14 minute read

August 01, 2012 | New York Law Journal

In his Professional Responsibility column, Anthony E. Davis, a partner at Hinshaw & Culbertson, writes that law firms acquiring laterally hired lawyers are generally safe in assuming that work performed and fees earned on matters laterals bring to the new firm are the rightful earnings of the hiring firm, but that general rule changes when the laterals move from firms that dissolve following the lawyers' departure.

By Anthony E. Davis

11 minute read

May 07, 2012 | New York Law Journal

In their Professional Responsibility column, Anthony E. Davis, a partner at Hinshaw & Culbertson, and Katie M. Lachter, a senior associate at the firm, discuss the recruitment and pre-departure obligations of the departing lawyer's current and new firms.

By Anthony E. Davis and Katie M. Lachter

15 minute read

November 07, 2011 | New York Law Journal

In his Professional Responsibility column, Hinshaw & Culbertson partner Anthony E. Davis the dilemma lawyers face if they accidentally receive confidential or privileged details relating to adversaries or third parties through no fault of their own, and how ABA Model Rule 4.4(b) was adopted to reduce the ethical duties from three to one, leaving in place only the duty to notify the sender of the information.

By Anthony E. Davis

11 minute read

November 03, 2008 | New York Law Journal

Anthony E. Davis, a partner at Hinshaw & Culbertson, explores some recent decisions that examine the boundaries of what conduct is, or is not, permissible in "zealously" representing clients, and he reviews what the disciplinary rules themselves say about what conduct is required, and what conduct is explicitly prohibited, within the contours of zealousness.

By Anthony E. Davis

11 minute read

January 05, 2010 | Legaltech News

Two recent decisions return to the risk of losing attorney-client privilege when employees use an employer-provided e-mail system or other technology. Hinshaw & Culbertson partner Anthony E. Davis asks whether a consistent set of principles can be applied when these issues arise.

By Anthony E. Davis

10 minute read

July 06, 2010 | New York Law Journal

In his Professional Responsibility column, Anthony E. Davis, a partner of Hinshaw & Culbertson, examines recent case law, and a new ethics opinion, which together underscore the need for - and benefits to be gained from - the use of well-crafted engagement letters at the outset of the attorney-client relationship, as well as the parallel utilities of closing letters when representation has concluded.

By Anthony E. Davis

12 minute read