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Full-Text Articles in Law
The Impact Of Technological Developments On The Rules Of Attorney Ethics Regarding Attorney–Client Privilege, Confidentiality, And Social Media, Pamela A. Bresnahan, Lucian T. Pera
The Impact Of Technological Developments On The Rules Of Attorney Ethics Regarding Attorney–Client Privilege, Confidentiality, And Social Media, Pamela A. Bresnahan, Lucian T. Pera
St. Mary's Journal on Legal Malpractice & Ethics
This article focuses on the development of the law of ethics and technology. Emphasis is placed on how technological developments have affected the rules and means by which lawyers practice law and certain ethical pitfalls that have developed hand-in-hand with technological advancements. Topics examined include: (1) the ways by which electronic communication has increased the potential for the attorney–client privilege to be waived and the resulting impact on the present-day practice of law; (2) the effect of social media on lawyers’ ethical obligations, including counseling clients regarding the client’s use of social media and the lawyer’s own use of social …
Limits Of Disclosure, Steven M. Davidoff, Claire A. Hill
Limits Of Disclosure, Steven M. Davidoff, Claire A. Hill
Seattle University Law Review
One big focus of attention, criticism, and proposals for reform in the aftermath of the 2008 financial crisis has been securities disclosure. Many commentators have emphasized the complexity of the securities being sold, arguing that no one could understand the disclosure. Some observers have noted that disclosures were sometimes false or incomplete. What follows these issues, to some commentators, is that, whatever other lessons we may learn from the crisis, we need to improve disclosure. How should it be improved? Commentators often lament the frailties of human understanding, notably including those of everyday retail investors—people who do not understand or …
Preserving Attorney-Client Privilege In The Age Of Electronic Discovery, Anthony Francis Bruno
Preserving Attorney-Client Privilege In The Age Of Electronic Discovery, Anthony Francis Bruno
NYLS Law Review
No abstract provided.
A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune
A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune
Kentucky Law Journal
No abstract provided.
Attorney-Client Privilege: A Guide For Corporations, Pamela Taylor
Attorney-Client Privilege: A Guide For Corporations, Pamela Taylor
University of Arkansas at Little Rock Law Review
No abstract provided.
Inadvertent Disclosure Of Documents Subject To Attorney-Client Privilege, Michigan Law Review
Inadvertent Disclosure Of Documents Subject To Attorney-Client Privilege, Michigan Law Review
Michigan Law Review
This Note evaluates these judicial approaches to inadvertent disclosure in the context of document productions. Part I briefly reviews the purposes of the attorney-client privilege and argues that any test of waiver should be based on the client's intent to maintain confidentiality. Part II examines the traditional approach to waiver and rejects the rationales which support it. Part III concludes that a test based on the sufficiency of precautions taken against disclosure, rather than a test based on the intervention of an outside force, best reflects a client's intent. Part IV examines various factors that might be included in the …
Evidence--Attorney-Client Privilege -- Identiy Of Client Held Privileged, Michael M. Hughes
Evidence--Attorney-Client Privilege -- Identiy Of Client Held Privileged, Michael M. Hughes
Michigan Law Review
Petitioner attorney was retained by an organization of fruit merchants to investigate parking conditions on the New York piers which prevented its members from attending the daily fruit auctions, and to take steps to remedy this situation. During his investigations petitioner learned from one of his employers that two local politicians were being paid to allow certain large trailer trucks to continue parking illegally on the piers. The attorney reported this information to city officials. He was subsequently subpoenaed to testify on the matter before respondent, New York City Commissioner of Investigation, who was conducting an inquiry into waterfront conditions. …