Courts uniformly have held that the attorney-client privilege survives the death of a client. Various courts and ethics opinions have also analyzed a lawyer’s responsibilities to former clients to preserve confidential information after the representation concludes. Many states have developed the Uniform Probate Code that provides, upon the death of... Read more →


In Theroux v. Resnicow, 2021 NY Slip Op 50622(U) (Sup Ct, New York County 2021), the Supreme Court, New York County held that a defendant-attorney cannot withhold emails he exchanged with colleagues at his firm about the litigation he is party to, as the communications do not fall within the... Read more →


Concealment from your adversary can be unethical even where there is no specific legal obligation to disclose if concealment is otherwise found to be dishonest or misleading. Perhaps as a result of the more recent emphasis on professional civility, disciplinary authorities seem more likely to sanction lawyers for failing to... Read more →


The international pandemic caused by the COVID-19 virus has no doubt brought enormous changes, including speeding up the already rapid implementation of technology to the way law firms conduct their practices. Now more than ever, the consequences of data security have become increasingly important given how remote work, digital communications... Read more →


The practice of law involves advising clients on the risks and benefits of potential courses of action. Lawyers must often serve as their own risk managers in managing their professional practices. Two of the primary risks involve maintaining the confidentiality of information relating to client representation and safekeeping the property... Read more →


On June 30, 2021, the New York Appellate Division, Second Department reaffirmed well-established principles regarding claims against attorneys for legal malpractice and breach of contract, drawing a distinction between the two causes of action. In Denisco v. Uysal, 2021 N.Y. Slip Op. 04118, the Second Department reaffirmed that a party’s... Read more →


You have an attorney position to fill, and have found the perfect candidate with the right credentials, experience and book of business, who clears the initial conflicts checks (review of clients and matters on which the attorney is/was actively working). The attorney, looking for more interesting and meaningful work, better... Read more →


Concealment from your adversary can be unethical even where there is no specific legal obligation to disclose if concealment is otherwise found to be dishonest or misleading. Perhaps as a result of the more recent emphasis on professional civility, disciplinary authorities seem more likely to sanction lawyers for failing to... Read more →


As the world settles into a pandemic that won’t quickly disappear, many people are becoming comfortable with traveling again, feeling more confident in the measures that can be taken to minimize personal exposure and risk. As travelers research new country and destination requirements that have arisen because of the pandemic,... Read more →


Lawyers should beware of a sophisticated new hacking scam the FBI refers to as “Business E-mail Compromise.” Lawyers in multiple states have recently reported being victimized by this scam. The hoax targets lawyers who process client funds from their attorney trust accounts. Transactions involving real estate closings or legal settlements... Read more →