June 21, 2017 | The Recorder
Unique Ethical Risks for LitigatorsAs with other lawyers, litigators must comply with applicable ethics rules, professional standards of care and professional obligations. Indeed, the California Rules of Professional Conduct and the California Business and Professional Code apply to all attorneys practicing within the state. But the obligations for litigators in applying those rules, standards and obligations can differ from other practices. The following issues can present unique challenges for litigators that are not faced by their peers in the profession.
By Randy Evans and Shari Klevens
14 minute read
June 13, 2017 | The Recorder
Choosing Appropriate Malpractice Insurance CoveragePicking the right legal malpractice insurance policy can be a daunting task. Procuring appropriate coverage generally involves balancing a law practice's unique malpractice risk factors against the price of coverage—and finding the right fit.
By Randy Evans and Shari Klevens
12 minute read
June 07, 2017 | The Recorder
Evaluating Document Retention When MovingFor many firms, part of moving involves streamlining materials, updating document retention protocols, and even disposing of files or equipment that are no longer needed. But a move also could implicate the firm's obligations to retain or destroy documents and client files.
By Randy Evans and Shari Klevens
6 minute read
June 06, 2017 | Connecticut Law Tribune
Guarding Against Misconduct, Mistakes and Ethical ViolationsLaw firms cannot be expected to micromanage employees, and instead they rely on attorneys and staff members to perform their duties in a legal or ethical manner. However, while firms may be confident that employees will conform their behavior to applicable standards, there are inevitably times when even those most outwardly competent employees may conduct themselves with less-than-perfect ethics or otherwise make a mistake.
By SHARI KLEVENS AND RANDY EVANS
11 minute read
May 30, 2017 | Legaltech News
What to Do if a Computer Hacker Breaches Your Firm Trust AccountWhat happens when a cybersecurity event implicates a firm trust account? Are lawyers liable when a computer hacker steals client funds?
By Shari Klevens and Randy Evans, Dentons
11 minute read
May 30, 2017 | Texas Lawyer
What To Do If A Computer Hacker Breaches Your Trust AccountWhether you are aware of it or not, hackers might be attempting to access your computer every day. Attempted cyber attacks are becoming more common, and recent technological advances give them the potential to cause more damage, but they may start with something as simple as an email.
By Shari Klevens and Randy Evans
15 minute read
May 30, 2017 | The Recorder
Tips for Handling Motions for SanctionsLitigators locked in a heated dispute know that can be just a matter of time before one attorney raises the stakes by threatening to file a motion for sanctions. The unfortunate reality is that there has been a sharp uptick in motions for sanctions in recent years. In some instances, this reflects a lack of professionalism in the bar, where attorneys engage in improper conduct that inevitably leads to a meritorious request for sanctions. On the other hand, in other instances, attorneys use these motions as nothing more than a litigation tactic.
By Randy Evans and Shari Klevens
11 minute read
May 24, 2017 | The Recorder
How to Survive a Break-Up With a ClientWhat steps an attorney is supposed to take to withdraw from a representation depends on a number of factors, including whether the matter involves current litigation and whether the attorney can withdraw without prejudicing the client's intkerests.
By Randy Evans and Shari Klevens
10 minute read
May 17, 2017 | The Recorder
Four Tips for Protecting Confidential Information on DevicesLaw practices can consider these four steps to ensure that the risks posed by the most common threats are addressed.
By Randy Evans and Shari Klevens
10 minute read
May 09, 2017 | Texas Lawyer
Joint Defense and Common Interest Agreements: The BasicsComplex litigation and multi-party negotiations may result in unique dynamics, with groups of parties aligned. Counsel in such cases should recognize the potential benefits of joint defense and common interest agreements.
By Shari Klevens and Randy Evans
13 minute read
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