Ethics Issues Arising Between the Law Firm and Its Client
Jim Roethe, former General Counsel at Bank of America and litigation partner with Pillsbury Winthrop Shaw Pitman LLP, and I recently taped a Recorder Roundtable CLE program titled 'Professional Relationship and Ethics.' We discussed some ethical issues that may arise between the client and the law firm in billing, staffing, litigation discovery, lawyers' financial interests, and backdating documents. Here is a brief summary of our discussion.
Lessons Learned from Jury Duty
When my jury summons arrived in the mailbox, I decided that performing my civic duty could function as professional development for <i>this</i> legal-specific software trainer. The three previous times that I had served (one other time as foreperson), I viewed the experience with different eyes. After eight weeks of active, civil case jury duty, the time spent and lessons learned compel me to reflect on the experience and offer personal insight as it relates to law firm ethics and how a firm may benefit.
Orientation Revisited and Reinvented
Many firms have instituted elaborate machinery for their recruiting (entry-level and lateral) and orientation, but there is a long way to go toward stellar results regarding orienting, integrating, and retaining those hard-won recruits. Some of the difficulties are generational; others can be traced to the traditions of partnership culture, which often lacks openness about management and how the firm handles the business of law.
HELP! Communicating During a Crisis
With corporate scandals, terrorism and economic chaos appearing regularly in the headlines of major newspapers and on broadcast news, now more than ever it seems that American business is in need of good crisis communications. No company is immune to crisis — so no company should be without some kind of plan to communicate in the midst of that crisis. Organizations that have good plans in place will weather crises far better than those that don't — or those that believe that not communicating will insulate them in some way from the effects of the crisis.
Keane v. Keane
The author has spent some considerable time reading and re-reading the Court of Appeals' decision in <i>Keane v. Keane</i>, 3 NY3d 115 (2006), but cannot quite get it. He realizes fully that the court's word on this is the final one ' 'for now.'
Business Development Will Dominate Marketing
In the real business world, marketing and business development functions co-exist ' albeit uncomfortably at times ' in a more or less equitable partnership that sees them working toward common objectives but living on separate islands. In the somewhat more surreal world of BigLaw business, the functions tend to live together but, all too often work at cross-purposes. And therein lies a budding tale. Who is best suited to lead the firm, at least until the next, next thing comes along? The answer seems clear. There's a new sheriff in town. Its name is business development.
Inequitable Conduct Decision Catches Many Off Guard
The recent Federal Circuit decision <i>McKesson Info. Solutions, Inc. v. Bridge Med., Inc.</i>, No. 2006-1517 (Fed. Cir. May 18, 2007) has many patent prosecutors scrambling to file information disclosures after the court found inequitable conduct based on the all-too-common oversight of not cross-citing prior art from similar, co-pending applications and the even more common oversight of not cross-citing allowances and rejections from such applications.
Affinity Groups: Tools for Retention
Affinity groups are groups that are sponsored and supported by an organization and consist of people with a common set of characteristics. Common affinity groups in larger law firms include ones involving women attorneys; attorneys of color; reduced- schedule attorneys; and people who are gay, lesbian, bisexual, or transgender ('GLBT'). Affinity groups are effective tools that organizations have used successfully to improve retention and promotion, and to enhance recruiting efforts. Affinity groups that 'support the attorneys and provide outlets and channels of communication with senior management' are also considered diversity best practices (The Association of the Bar of the City of New York, Statement of Diversity Principles, Diversity Practices).
