Author Archives: W. William Hodes

Can the lawyers ‘script’ direct party-to-party contact?

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?

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Confidentiality and privilege in workplace communications

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.

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Expert witness preparation after the 2010 amendments

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 ...

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The law and ethics of ‘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.

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