It’s estimated that almost 90% of the judges in the United States are elected. In New Jersey, they are not, with the exception of the County Surrogate, a quasi-judicial position with jurisdiction over Probate cases. Elected judges tend to be
Protecting Your Legal Practice
CSG’s Blog on Best Practices for Lawyers
The blog "Protecting Your Legal Practice," published by Chiesa Shahinian & Giantomasi PC, focuses on issues related to legal ethics, professional responsibility, and risk management for attorneys. It covers topics such as attorney disciplinary systems, ethical considerations in emerging areas like cannabis law, conflicts of interest, malpractice risks, and compliance with professional conduct rules. The blog also addresses practical guidance on navigating investigations, maintaining ethical standards in client relationships, and managing challenges posed by technological and procedural changes in legal practice. It serves as a resource for lawyers seeking to understand and mitigate risks inherent in legal practice.
Latest from Protecting Your Legal Practice - Page 3
Serving as Escrow Agent Can Be Risky
Firms often serve as escrow agents for clients, and sometimes the adversary as well — real estate closings, corporate transaction down payments, environmental clean-up and settlement agreements in litigation are just a few examples. But is your firm protected? Do…
A Cascade of Errors
Warning: the underlying facts and procedural history are cringeworthy. This is the saga of a medical malpractice case which is dismissed, leading to a legal malpractice case, which is wrongfully dismissed, leading to an Appellate Division case which exposes all…
When Can an Out-of-State Lawyer Practice Immigration Law in New Jersey?
On December 10, 2019, the New Jersey Supreme Court’s Advisory Committee on Professional Ethics issued Opinion Number 55 to provide additional guidance on when an out-of-state lawyer can practice immigration law in New Jersey.
The Opinion stems in part from…
Outside Counsel Guidelines May Supersede Your Firm’s Engagement Letter
Have you brought in a large corporate client such as a bank or a public company? If so, have they sent you outside counsel guidelines? Many large companies have their own guidelines that govern the attorney-client relationship as well as…
What to do when your adversary was the Judge’s clerk?
You just found out your adversary is the judge’s former law clerk. They seem pretty cordial. What do you do?
Most of the reported cases involving judges and former clerks deal with the situation where the clerk was employed while…
Law Firms May Not Impose Requirements on Departing Attorneys that Might Thwart Client’s Choice of Counsel or Disincentivize the Lawyer’s Departure
The American Bar Association Standing Committee on Ethics and Professional Responsibility recently issued guidance concerning the ethical duties held by firms and lawyers when a lawyer decides to leave the firm.
First and foremost, under Model Rule 1.4, lawyers have…
The Critical Nature of the Engagement Letter When Representing Corporate Clients
Identifying who your client is at the outset is one of the most important aspects of the attorney-client relationship. It governs who you can seek payment from and who can sue you for malpractice. This is particularly important when your…
Prosecutors Taping Defense Attorneys
State v. Martinez, just approved for publication, offers some interesting lessons for criminal defense attorneys who seek to interview cooperating witnesses. It offers even more interesting lessons for the prosecutors who seek to surreptitiously record those interviews.
Defense counsel are…
Watching a Train Wreck
There are ethics issues playing out in the courtroom and legal media about the alleged conduct of a Pennsylvania trial court judge and defense counsel in a case in which a jury awarded $8 billion (yes, billion) in punitive damages…