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most lawyers considering their ethical obligations under applicable rules of professional conduct typically aren't employees or partners of the client itself. Likewise, ethics rules and authorities, virtually invariably, address the traditional attorney-client relationship. The role of in-house corporate and law firm counsel, from an ethical perspective, has received very little reported attention. But that doesn't mean that these issues aren't there, or that a law firm or corporation does not need to pay attention to these issues. Failure to plan ahead on ethics strategies, with the help of experienced ethics practitioners, could subject the entity to increased risk of liability. The lawyers involved likewise could be exposed both to liability risks and to potential bar counsel grievances or unauthorized practice of law (ULP) complaints. The three most troubling aspects of these issues are discussed below.
We live in litigious times. Here are some tips that can help reduce your firm's exposure to a successful malpractice claim.
How do you get the highest and best use out of your firm's professional development investment, over and above the clear benefit to your own lawyers and staff? Odds are there is a huge amount of intellectual property already in existence as a result of your firm's internal programs. Consider turning what is a valuable cost center into an invaluable business development resource.
A new, more proactive ' if tedious ' hiring strategy has emerged that mid-market firms are adopting. Rather than target highly sought-after rainmakers or hope for a ready-made practice group to shake loose from a large firm, these practices are building their offices piecemeal by cherry-picking young guns from the biggest and best firms, enticing them with flexible billing rates, shorter partnership tracks, oodles of support and a free rein.
Why is private equity funding the hottest thing in franchising today? In the past 12 months, private equity buyouts have included well-known brands such as Cinnabon, Church's Chicken, Taco Bueno (a regional taco maker), and regional frozen dessert operator Rita's Italian Ice.
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Highlights of the latest franchising cases from around the country.
Highlights of the latest franchising news from around the country.
On Jan. 26, 2006, an amendment to the Mexican Industrial Property Law (<i>Ley de la Propiedad Industrial</i>) ("IPL") became effective. The new amendment mandates new requirements for presale franchise disclosure and for franchise agreements. To comply with the law, most franchisors will need to change their existing forms of franchise agreements used in Mexico.
Franchisors face major challenges in finding the right sales personnel and being able to afford them, and in developing and funding the right marketing strategy. One tempting way to handle these challenges is to hire a sales broker to do it all.
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Does anyone remember this scene? "Call on 2 for Joe Jones!!" "Hold 2!!" Before cell phones, that was how you reached someone in the USPTO Public Search Room in Crystal Plaza 3 of Crystal City. Joe disappeared into a phone booth to conduct his business.