Law Commons^™

Applying The Revised Aba Model Rules In The Age Of The Internet: The Problem Of Metadata, Ronald D. Rotunda

Hofstra Law Review

When lawyers receive a document — whether hard copy or an electronic document — that they know the adversary sent them inadvertently (for example, a fax or email mistakenly sent to an adversary lawyer instead of to co-counsel), the black letter rule in Rule 4.4 requires the lawyer to notify the other side. However, this Rule does not require the receiving lawyer to return the document unread. Whether the receiving lawyer can use that document depends, in essence, on the law of evidence. If the court decides that the document lost its privileged status (perhaps because the sending lawyer acted …

Nested Ethics: A Tale Of Two Cultures, Milton C. Regan, Jr.

Hofstra Law Review

This article suggests that a law firm that desiring to promote ethical behavior by its lawyers needs to complement efforts to establish an “ethical infrastructure” and an “ethical culture” with attention to its broader organizational culture. Specifically, research indicates that the perception that an organization treats its members fairly–their sense of organizational justice--is an important factor in prompting members’ ethical behavior.

Many law firms in the last two or three decades have devoted attention to establishing what has been called an “ethical infrastructure” that reflects appreciation of the importance of organizational policies and procedures in encouraging ethical behavior. Such measures …

The Relational Infrastructure Of Law Firm Culture And Regulation: The Exaggerated Death Of Big Law, Russell G. Pearce, Eli Wald

Hofstra Law Review

The Article debunks the highly publicized claim, within the academy and the legal profession, that the demise of Big Law is imminent. Critics have argued that large law firms face a near perfect storm that imperils their future. They argue that increasing sophistication and influence of in-house legal departments, and the exponential leap in legal technology, undermine large law firms’ claims to expertise, market power, and profitability. At the same time, they argue, the internal weakness of large firms makes them less likely to perform the very tasks essential to sustaining large law firms' reputational capital because the traditional partnership …