Kyle A. Valente

December 05, 2024 | The Legal Intelligencer

Requests for sanctions are becoming more and more commonplace and warrant developing risk management protocols. Whether it is a letter sent pursuant to Federal Rule of Civil Procedure (FRCP) 11 or a state law equivalent, the threat of sanctions should not be taken lightly. Prior to initiating a lawsuit or asserting a claim, the factual and legal basis for doing so needs to be properly vetted.

By Diana C. Manning and Benjamin J. DiLorenzo and Kyle A. Valente

6 minute read

October 21, 2024 | The Legal Intelligencer

Where a lawyer fails to make such a disclosure and takes steps to conceal a mistake or error, some jurisdictions have found that this constitutes ethical misconduct subject to discipline.

By Diana C. Manning, Benjamin J. DiLorenzo and Kyle A. Valente

6 minute read

August 21, 2024 | The Legal Intelligencer

This article examines the relationship between the attorney-client privilege and the duty to maintain confidentiality, including how the two concepts overlap and how they apply under different circumstances.

By Diana C. Manning, Benjamin J. DiLorenzo and Kyle A. Valente

6 minute read

July 08, 2024 | The Legal Intelligencer

This article discusses the ethical obligations and associated risks that flow from engaging the services of a temporary attorney, including areas such as billing for services and adequate disclosure to clients.

By Diana C. Manning, Benjamin J. DiLorenzo and Kyle A. Valente

6 minute read

June 14, 2024 | The Legal Intelligencer

A lawyer's duty to keep up with advancements in technology that impact the practice of law stems from the ethical obligation of competence rooted in ABA Model Rule 1.1.

By Diana C. Manning, Benjamin J. DiLorenzo and Kyle A. Valente

6 minute read

April 18, 2024 | The Legal Intelligencer

This article discusses the contours of closing out a file by sending a closing letter (also referred to as an end-of-engagement letter) and examines the potential consequences that may flow from failing to properly communicate the end of an engagement to a client.

By Diana C. Manning, Benjamin J. DiLorenzo and Kyle A. Valente

5 minute read

February 22, 2024 | The Legal Intelligencer

As with all new technologies, AI brings with it a plethora of potential benefits in the form of improving efficiency and reducing costs. Law firms and lawyers are increasingly engaging with AI programs and tools in conjunction with document reviews, legal research, contract drafting and the preparation of legal briefs.

By Diana C. Manning, Benjamin J. DiLorenzo and Kyle A. Valente

8 minute read

January 29, 2024 | The Legal Intelligencer

Depositions can and often do go awry when one or both sides are unfamiliar with the rules governing deposition practice. Indeed, case law abounds with examples of such persistent issues as communications between attorney and witness, sanctionable conduct, making and ruling on objections, and when to compel the continuation of a deposition.

By Diana C. Manning, Benjamin J. DiLorenzo and Kyle A. Valente

9 minute read

November 22, 2023 | The Legal Intelligencer

This article examines the duty to preserve evidence in the context of impending or ongoing litigation, what constitutes spoliation of evidence, and the potential consequences that flow from failing to implement sufficient safeguards.

By Diana C. Manning, Benjamin J. DiLorenzo and Kyle A. Valente

6 minute read

October 12, 2023 | The Legal Intelligencer

Cross-examination is the most challenging and important aspect of trial practice. There are no substitutes for preparation and knowledge, all of which combine for a rewarding and optimal experience.

By Diana C. Manning, Benjamin J. DiLorenzo and Kyle A. Valente

7 minute read