Commission on Ethics 20/20 makes small tweaks to Model Rules 
By:
W. William Hodes
Published: April 19, 2013
Tags: ABA, American Bar Association, ethics, legal ethics
Since the Model Rules of Professional Conduct were first promulgated by the American Bar Association in 1983, they have been amended several times on an issue-by-issue basis, and the ABA has twice undertaken a more global overhaul.
Can the lawyers ‘script’ direct party-to-party contact?
By:
W. William Hodes
Published: April 19, 2012
Tags: "no-contact" rule, client communication
Under the rules of professional conduct, lawyers cannot communicate with opposing clients directly. However, nothing restricts opposing clients from communicating with each other, and lawyers are permitted to explain this to their own clients. But how much preparation can lawyers give their clients in these situations?
Confidentiality and privilege in workplace communications
By:
W. William Hodes
Published: November 1, 2011
Tags: data security, electronically stored information
With pervasive electronic communications and massive electronic storage of information a part of everyone’s lives, the solution is not to retreat into a hermit’s shell, but to take common sense precautions, such as using encryption devices when especially sensitive data is involved and scrubbing metadata from documents before attaching them to an e-mail. Lawyers USA Columnist William Hodes offers advice about responsibly managing your electronic world.
Lawyers changing firms: Who will represent their clients?
By:
W. William Hodes
Published: August 11, 2011
Tags: ethics, lawyer mobility
You don’t have to memorize rafts of statistics to know that lawyer mobility is far more common today than it was even 10 years ago.
Expert witness preparation after the 2010 amendments
By:
W. William Hodes
Published: April 29, 2011
Tags: Discovery, ethics, expert witness preparation, expert witnesses, Federal Rules of Civil Procedure, Rule 26
Rule 26 of the Federal Rules of Civil Procedure, which broadly addresses the scope of permissible discovery and the basic rules of the road, has been thoroughly overhauled several times and tweaked almost continuously since its original inclusion in the Rules in 1938.
The law and ethics of ‘pretexting’
By:
W. William Hodes
Published: November 3, 2010
Tags: ethics, pretexting
In today’s parlance, “pretexting” means employing some kind of ruse or deception to obtain information or to achieve a desired result.
Lawyers USA columnist W. William Hodes comments on when attorneys can legally and ethically enagage in pretexting.
Ethics: When must an attorney report another lawyer’s misconduct?
By:
W. William Hodes
Published: August 25, 2010
Tags: attorney misconduct, ethics
The law of lawyering has long imposed upon each lawyer an affirmative and enforceable professional duty to help self-police the profession. Columnist W. William Hodes takes a closer look at when a lawyer should report another lawyer’s misconduct.
Secret settlements: Effective dispute resolution or gateway to a cover-up?
By:
W. William Hodes
Published: April 28, 2010
Tags: ethics, secret settlements
The practice of including confidentiality clauses (or self-imposed protective orders) in settlement agreements has been common for decades – and it has been controversial for nearly as long.
Starting the attorney-client relationship on an ethical path
By:
W. William Hodes
Published: July 16, 2009
Tags: client relations, ethics, practice management
Lawyers USA columnist W. William Hodes provides tips for how lawyers can start their client relationships on an ethical path.
Client confidentiality in a wired (and wireless) world
By:
W. William Hodes
Published: November 17, 2008
Tags: attorney-client privilege, ethics
The duty of confidentiality is one of the most important professional duties that lawyers owe to their clients.
Lawyers USA Columnist W. William Hodes explores the special precautions that lawyers must take in a world that increasingly involves electronic communication.
