The document discusses the decline of professionalism observed by various state bars and courts. It notes that the Maryland Judicial Task Force on Professionalism found through surveys in 2003 that lawyers observed a significant decline in civility and professionalism over recent decades, marked by increased rancor and lack of trust between attorneys. Other states like Florida, Massachusetts, and Georgia conducted similar studies and found issues like uncivil behavior, lack of regard for truth, and animosity between attorneys. The document explores potential causes for unprofessionalism and defines professionalism as encompassing competence, civility, ethics, and commitment to justice. It provides examples of courts admonishing attorneys for unprofessional conduct.
1) Contacting and compensating former employees can present legal and ethical issues for attorneys unless they are careful. In movies, former employees conveniently provide key evidence, but in reality attorneys must work to locate and convince them to cooperate.
2) Class action lawsuits are intended to enable individuals with small claims to collectively pursue litigation but often result in large payouts to attorneys while providing little compensation to class members. Studies show that in many cases where small cash amounts are awarded to large consumer classes, only a small percentage of class members actually receive settlement funds.
3) Reforms have been proposed to address issues like attorneys bringing class action suits primarily for their own financial gain while providing little benefit to class members. Suggest
Working in a law firm can be extremely dissatisfying for many attorneys. While law firms offer prestigious positions and high pay, they also involve long hours, job insecurity, and lack of work-life balance. For many attorneys, a career in a law firm ends up being the worst choice and leads only to persistent unhappiness. If an attorney is consistently unhappy in a law firm, they need to seriously consider other career options sooner rather than later, rather than living a life they do not enjoy just to please others' expectations. Leaving a career in a law firm, even for something completely unrelated to law, can be a brave and worthwhile choice for an attorney's long-term happiness and well-being.
Alternative dispute resolution (ADR) offers several advantages over traditional litigation. ADR methods like mediation, arbitration, and settlement conferences allow organizations to resolve disputes privately and confidentially, avoiding public disclosure of sensitive information. They also provide faster and less expensive resolution compared to litigation, which can drag on for over a year with high legal costs. Additionally, ADR preserves business relationships since the cooperative resolution process is less adversarial than litigation. It also gives the parties flexibility in choosing neutral decision makers and remedies instead of being limited to what a jury may decide. Overall, ADR is a more efficient alternative that better protects organizations compared to the risks and uncertainties of traditional litigation.
This document discusses alternative dispute resolution (ADR) and provides an overview of key concepts related to ADR. It defines ADR, describes common methods like arbitration, mediation, and negotiation. It also outlines arguments for and against ADR, compares formal and informal ADR structures, and discusses the juridical basis and place of ADR in Kenya. Reports on the large backlog of court cases and perceived inefficacy of the Kenyan judiciary are presented as reasons for considering ADR.
This document discusses mediation as an alternative dispute resolution method that can help reduce costs and save relationships compared to litigation. It notes that mediation can benefit the public sector by reducing legal costs from lawsuits, the private sector by resolving business disputes quicker than courts, communities by addressing disputes before they escalate, and families by repairing relationships during disputes. The document provides an overview of mediation, comparing it to other dispute resolution methods, and outlines some of its key features such as using an impartial mediator and allowing parties to control the outcome.
The document discusses ethics and civil procedure for Malaysian judges. It summarizes principles from English case law that establish an advocate's duty to the court is paramount and overrides obligations to clients. This duty includes not misleading the court, presenting facts fairly, and citing all relevant law, even if against the client. The document emphasizes that ethical behavior and integrity are important for advocates and judges to maintain trust in the justice system.
Final Project Intro To Legal Systems becoming a paralegal in North CarolinaChris Harden
A paralegal is a person who assists lawyers by performing substantive legal work under a lawyer's supervision. This allows lawyers to delegate tasks and lower legal costs for clients. To be successful, paralegals must have strong critical thinking, research, writing, and communication skills as well as knowledge of legal procedures. They conduct tasks like drafting documents, assisting with cases, and communicating with clients. However, paralegals cannot practice law independently or give legal advice. Ongoing education and certification help paralegals advance their careers and ensure quality work. Most paralegals work in private law firms to help generate revenue through their billable hours.
An Introduction to a New Yet Old Funding Alternative (Series: Commercial Liti...Financial Poise
Litigation funding is an increasingly-popular tool for attorneys and clients to share the risk and reward of litigation with third-party investors, and for investors to capitalize on the uncorrelated returns generated by legal-driven revenue. This webinar is intended to provide an overview of the topic generally, touching on the “who,” “what,” “where,” “when,” “why” and “how’s” behind litigation funding.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/an-introduction-to-a-new-yet-old-funding-alternative-2020/
1) Contacting and compensating former employees can present legal and ethical issues for attorneys unless they are careful. In movies, former employees conveniently provide key evidence, but in reality attorneys must work to locate and convince them to cooperate.
2) Class action lawsuits are intended to enable individuals with small claims to collectively pursue litigation but often result in large payouts to attorneys while providing little compensation to class members. Studies show that in many cases where small cash amounts are awarded to large consumer classes, only a small percentage of class members actually receive settlement funds.
3) Reforms have been proposed to address issues like attorneys bringing class action suits primarily for their own financial gain while providing little benefit to class members. Suggest
Working in a law firm can be extremely dissatisfying for many attorneys. While law firms offer prestigious positions and high pay, they also involve long hours, job insecurity, and lack of work-life balance. For many attorneys, a career in a law firm ends up being the worst choice and leads only to persistent unhappiness. If an attorney is consistently unhappy in a law firm, they need to seriously consider other career options sooner rather than later, rather than living a life they do not enjoy just to please others' expectations. Leaving a career in a law firm, even for something completely unrelated to law, can be a brave and worthwhile choice for an attorney's long-term happiness and well-being.
Alternative dispute resolution (ADR) offers several advantages over traditional litigation. ADR methods like mediation, arbitration, and settlement conferences allow organizations to resolve disputes privately and confidentially, avoiding public disclosure of sensitive information. They also provide faster and less expensive resolution compared to litigation, which can drag on for over a year with high legal costs. Additionally, ADR preserves business relationships since the cooperative resolution process is less adversarial than litigation. It also gives the parties flexibility in choosing neutral decision makers and remedies instead of being limited to what a jury may decide. Overall, ADR is a more efficient alternative that better protects organizations compared to the risks and uncertainties of traditional litigation.
This document discusses alternative dispute resolution (ADR) and provides an overview of key concepts related to ADR. It defines ADR, describes common methods like arbitration, mediation, and negotiation. It also outlines arguments for and against ADR, compares formal and informal ADR structures, and discusses the juridical basis and place of ADR in Kenya. Reports on the large backlog of court cases and perceived inefficacy of the Kenyan judiciary are presented as reasons for considering ADR.
This document discusses mediation as an alternative dispute resolution method that can help reduce costs and save relationships compared to litigation. It notes that mediation can benefit the public sector by reducing legal costs from lawsuits, the private sector by resolving business disputes quicker than courts, communities by addressing disputes before they escalate, and families by repairing relationships during disputes. The document provides an overview of mediation, comparing it to other dispute resolution methods, and outlines some of its key features such as using an impartial mediator and allowing parties to control the outcome.
The document discusses ethics and civil procedure for Malaysian judges. It summarizes principles from English case law that establish an advocate's duty to the court is paramount and overrides obligations to clients. This duty includes not misleading the court, presenting facts fairly, and citing all relevant law, even if against the client. The document emphasizes that ethical behavior and integrity are important for advocates and judges to maintain trust in the justice system.
Final Project Intro To Legal Systems becoming a paralegal in North CarolinaChris Harden
A paralegal is a person who assists lawyers by performing substantive legal work under a lawyer's supervision. This allows lawyers to delegate tasks and lower legal costs for clients. To be successful, paralegals must have strong critical thinking, research, writing, and communication skills as well as knowledge of legal procedures. They conduct tasks like drafting documents, assisting with cases, and communicating with clients. However, paralegals cannot practice law independently or give legal advice. Ongoing education and certification help paralegals advance their careers and ensure quality work. Most paralegals work in private law firms to help generate revenue through their billable hours.
An Introduction to a New Yet Old Funding Alternative (Series: Commercial Liti...Financial Poise
Litigation funding is an increasingly-popular tool for attorneys and clients to share the risk and reward of litigation with third-party investors, and for investors to capitalize on the uncorrelated returns generated by legal-driven revenue. This webinar is intended to provide an overview of the topic generally, touching on the “who,” “what,” “where,” “when,” “why” and “how’s” behind litigation funding.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/an-introduction-to-a-new-yet-old-funding-alternative-2020/
BUSINESS LAW REVIEW- 2022: Defending White Collar Crime-101Financial Poise
While white collar crimes don’t usually carry the same stigma or penalties as violent crime, the consequences of a conviction, or even an allegation can be devastating. Leaving prison time aside, the business may also face investigation, prosecution and possibly, the risk of reputational damage, financial loss and unwanted exposure.
As governmental enforcement of laws against those accused of white collar crime increases, companies need to understand how to avoid unknowingly acting in ways that may be unlawful, how to prevent and detect potential employee misconduct, and how to react if misconduct does occur.
Part of the webinar series: Business Law Review 2022
See more at https://www.financialpoise.com/webinars/
The document appears to be a project or report on legal ethics from a law student. It includes the following sections:
1. An introduction to legal ethics and its significance.
2. Areas where legal ethics apply, including conflicts of interest, confidentiality, advertising, fees, criminal cases, and globalization.
3. A section on the ethics of the legal profession, including its meaning and need as well as the role of the Bar Council of India in regulating standards.
4. Sections covering professional ethics rules regarding an advocate's duties toward the court, clients, opponents, and other duties.
The document provides a high-level overview of the key topics and considerations around legal ethics for
Three Case Studies (Series: Commercial Litigation Funding 101) Financial Poise
This webinar discusses three litigation funding case studies:
1) Disclosure of litigation funding arrangements in class action lawsuits. Recent court rulings have ordered disclosure of funding but prohibited disclosure of funder communications.
2) Non-attorney ownership of law firms. While historically prohibited, some jurisdictions now allow alternative business structures, including PWC partnering with a law firm.
3) Other developments, including a litigation funder purchasing a judgment, New York legislation on consumer funding, and securitization of litigation funding claims. The panel of litigation funding experts analyzes these cases and discusses legal and strategic implications.
The REALTOR Code of EthicsNew Member Orientation ProgramEvangeline Yia
All REALTORS® regardless of their specialty in the real estate business (appraisal, property management, etc.) are bound by the duties in the REALTORS®’ Code of Ethics.
As the legal funding market evolves, so too do the legal/ethical jurisprudence, strategic decisions inherent in utilizing funding, financial instruments used for funding, and nature of funder/funded relationship. In this webinar, a panel of experienced litigation funding professionals examine three live legal funding deals, and discuss how they impact considerations of (i) disclosure of litigation funding, (ii) fee-splitting and non-attorney ownership of law firms, and (iii) financial engineering of innovative funding deals.
Part of the webinar series: Commercial Litigation Funding 2021
See more at https://www.financialpoise.com/webinars/
Carolyn Elefant, an attorney who owns a boutique energy law practice and freelance legal marketplace, writes to request that the Maryland State Bar Association rescind its 1992 ethics opinion prohibiting lawyers from marking up the costs of freelance attorneys. The opinion is outdated as the legal profession has embraced freelance arrangements and the gig economy. Allowing markups benefits clients through lower overall rates, solo and small firm lawyers by incentivizing the use of lower-cost freelancers, and freelance attorneys by providing them work opportunities. Most other ethics authorities, including the ABA, permit reasonable markups. Rescinding the opinion would bring Maryland in line with the modern legal industry while supporting cost-effective and flexible legal services.
The document discusses the ethical and liability risks for lawyers who do not use computer-assisted legal research (CALR) technology such as Westlaw and LexisNexis. While there is no direct rule requiring the use of CALR, the standard of competent legal practice implies that lawyers must use tools that allow for thorough, efficient research. Failure to research issues adequately could lead to ethics violations, malpractice claims, or sanctions. As CALR has become ubiquitous and courts increasingly rely on it, not using these tools risks a lawyer failing to meet the standard of competent legal representation according to evolving practices.
Mooting involves simulating a court hearing where participants research and argue legal issues. The procedure imitates real courts with oral arguments presented to a judge. Mooting enhances advocacy, legal research, and writing skills and allows students to demonstrate these abilities to potential employers. It can be challenging but rewarding. Some tips for mooting include engaging with the judge, asking for clarification of questions, applying legal principles to facts, being familiar with referenced materials, and managing time based on judicial intervention.
Introduction to Commercial Litigation FinanceFinancial Poise
Litigation funding is an increasingly popular tool for attorneys and parties with legal claims to share the risk and reward of litigation or arbitration with third-party investors, and for investors to capitalize on the uncorrelated returns generated by legal-driven revenue. This webinar is intended to provide an overview of the topic generally, touching on the “who,” “what,” “where,” “when,” “why,” and “how’s” behind litigation funding.
Part of the webinar series: Commercial Litigation Funding 2022
See more at https://www.financialpoise.com/webinars/
Submission By Vusi Pikolis Legal Team To The Office Of The Presidentlegalservices
The document is a table of contents for a handbook on legal ethics and professional conduct. It outlines 24 chapters that cover the underlying principles of integrity, duties to clients, other lawyers, the court, the public, and the profession. Specific topics addressed include competence, confidentiality, conflicts of interest, fees, discrimination, and upholding justice. The table of contents provides a high-level overview of the broad range of ethical issues covered in the handbook.
Legal Research Skills How Competent Are Our Lawyerslegalinfo
This document is the table of contents for a legal ethics and professional conduct handbook. It lists 24 chapters that cover the underlying principles of integrity and duties that lawyers have to their clients, other lawyers, the court, the public, and the profession. Specific duties addressed include competence, confidentiality, avoiding conflicts of interest, fees, duties when speaking publicly, and avoiding discrimination.
C24 Fraud In The Workplace (3 Mock Trials)Pw Carey
This document discusses fraud in the workplace and provides an overview of three mock trials related to auditors and whistleblowers. It discusses Cressey's fraud triad of perceived need, opportunity, and rationalization for committing fraud. It also outlines common mistakes made by whistleblowers and the typical steps in a trial, including opening statements, witness questioning, closing arguments, and the jury verdict.
Blue and Brown Elegant Editorial Startup Weekend Sponsorship Pitch Deck Pre_2...Kunal90346
The document discusses professional ethics for advocates in India. It outlines the duties of advocates towards the court, clients, fellow advocates, opponents, and society. Advocates must act with honesty, integrity and respect. They are governed by codes like the Advocates Act and rules set by the Bar Council of India to regulate conduct and ensure ethical practice. Upholding professional ethics is crucial for maintaining standards and public trust in the legal system.
Mercer Capital's Value Matters™ | Issue 1 2017 | Differing Expert Witness Val...Mercer Capital
Mercer Capital's Value Matters™, published 6 times per year, addresses gift & estate tax, ESOP, buy-sell agreement, and transaction advisory topics of interest to estate planners and other professional advisors to business.
Business litigation is usually about numbers. The damages, value, financial analysis and appraisal you need to prove your case will often require the opinion of an independent financial expert such as a business valuator, forensic accountant, economist, appraiser or any of a panoply of other financial experts.
The expert's evidence could make or break the case. So it's important to engage counsel who knows the rules and an expert whose opinion will be accepted by the court.
In this interesting presentation, Igor Ellyn, QC, CS, FCIArb, a senior business litigation and arbitration counsel in Toronto, Canada, discusses the law affecting the use of financial experts and best practices to make their evidence most effective. Mr. Ellyn was assisted by Evelyn Perez Youssoufian, also, a business litigation and arbitration lawyer. Both are members of Ellyn Law LLP.
The following topics are discussed:
- What an expert witness should accomplish
- Determining when to use a financial expert
- What kind of financial expert do you need?
- Types of financial expert witnesses
- Factors to consider when hiring the expert
- New developments in presentation of expert evidence
- Conflicts of interest and disclosure
- Litigation privilege relating to expert reports
- Best practices for qualifying a financial expert
- Limits of admissibility of expert evidence
- Preparing the financial expert to testify at the hearing
- Preparing for cross-examination of the opposing expert
- The Court’s power to appoint an expert
- Counsel’s role in the content of the expert’s report
This presentation was prepared for a legal conference which took place in Toronto on May 30, 2013. The contents are not legal advice. Please contact the author if you have any questions.
An Introduction to a New Yet Old Funding Alternative (Series: Commercial Liti...Financial Poise
Litigation funding is an increasingly-popular tool for attorneys and clients to share the risk and reward of litigation with third-party investors, and for investors to capitalize on the uncorrelated returns generated by legal-driven revenue. This webinar is intended to provide an overview of the topic generally, touching on the “who,” “what,” “where,” “when,” “why” and “how’s” behind litigation funding.
To view the accompanying webinar, go to:https://www.financialpoise.com/financial-poise-webinars/an-introduction-to-a-new-yet-old-funding-alternative-2021/
Alistair Jones Interoffice Memorandum AssignmentAlistair Jones
- The memorandum asks whether a paralegal can interview a client to provide fee information and conduct a settlement conference.
- Case law establishes that paralegals can interview clients under attorney supervision to gather facts, but cannot make legal decisions or appear in court without an attorney.
- The memorandum concludes that while a paralegal can interview a client, they cannot conduct a settlement conference alone due to the legal decision making required. The supervising attorney must attend.
This document provides information about the Chief Litigation Officer Summit taking place from March 15-17, 2009 at the Sawgrass Golf Resort & Spa in Ponte Vedra, FL. The summit will allow senior in-house litigators to strategize on litigation processes and provide corporate defense. It will include keynote presentations and panel discussions on topics such as reducing litigation costs, managing discovery and investigations, and evaluating vendors. The event is intended to help litigation executives forge partnerships and learn best practices for efficiently managing litigation.
Legal Aid and Pro bono lawyers have important duties to their clients and the court. They must represent clients competently and ethically, while also advancing legal reform for the public good. Pro bono work provides important skills development and ensures access to justice for all members of society, especially vulnerable groups. Legal Aid lawyers must balance their duty to clients with their overriding duty to the court and standards of the profession.
This document summarizes a presentation on the emerging issues related to legalized marijuana. It discusses how marijuana legalization is impacting various areas of law and insurance claims. Legalized marijuana directly impacts professional liability, transportation, employment, premises liability and other areas. While public opinion and usage is increasing, federal law still prohibits marijuana use. States are passing legislation to legalize medical and recreational marijuana use, creating conflicts with federal law. This is generating new types of lawsuits and insurance claims around issues like indemnity agreements and additional insured coverage. Presenters discussed open questions around how these legal and regulatory changes will further impact claims handling and different professions.
This document discusses genetically modified organisms (GMOs) and how they differ from hybrid organisms. It notes that while hybrids involve breeding closely related species and result in sterile offspring, GMOs involve transferring genes between unrelated organisms using genetic engineering techniques. The document outlines some current and potential insurance issues related to GMOs, including whether general liability policies would cover bodily injury or property damage claims. It also lists some past legal cases involving GMOs and potential future labeling lawsuits challenging state laws requiring GMO labeling.
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While white collar crimes don’t usually carry the same stigma or penalties as violent crime, the consequences of a conviction, or even an allegation can be devastating. Leaving prison time aside, the business may also face investigation, prosecution and possibly, the risk of reputational damage, financial loss and unwanted exposure.
As governmental enforcement of laws against those accused of white collar crime increases, companies need to understand how to avoid unknowingly acting in ways that may be unlawful, how to prevent and detect potential employee misconduct, and how to react if misconduct does occur.
Part of the webinar series: Business Law Review 2022
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1. An introduction to legal ethics and its significance.
2. Areas where legal ethics apply, including conflicts of interest, confidentiality, advertising, fees, criminal cases, and globalization.
3. A section on the ethics of the legal profession, including its meaning and need as well as the role of the Bar Council of India in regulating standards.
4. Sections covering professional ethics rules regarding an advocate's duties toward the court, clients, opponents, and other duties.
The document provides a high-level overview of the key topics and considerations around legal ethics for
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This webinar discusses three litigation funding case studies:
1) Disclosure of litigation funding arrangements in class action lawsuits. Recent court rulings have ordered disclosure of funding but prohibited disclosure of funder communications.
2) Non-attorney ownership of law firms. While historically prohibited, some jurisdictions now allow alternative business structures, including PWC partnering with a law firm.
3) Other developments, including a litigation funder purchasing a judgment, New York legislation on consumer funding, and securitization of litigation funding claims. The panel of litigation funding experts analyzes these cases and discusses legal and strategic implications.
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All REALTORS® regardless of their specialty in the real estate business (appraisal, property management, etc.) are bound by the duties in the REALTORS®’ Code of Ethics.
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Part of the webinar series: Commercial Litigation Funding 2021
See more at https://www.financialpoise.com/webinars/
Carolyn Elefant, an attorney who owns a boutique energy law practice and freelance legal marketplace, writes to request that the Maryland State Bar Association rescind its 1992 ethics opinion prohibiting lawyers from marking up the costs of freelance attorneys. The opinion is outdated as the legal profession has embraced freelance arrangements and the gig economy. Allowing markups benefits clients through lower overall rates, solo and small firm lawyers by incentivizing the use of lower-cost freelancers, and freelance attorneys by providing them work opportunities. Most other ethics authorities, including the ABA, permit reasonable markups. Rescinding the opinion would bring Maryland in line with the modern legal industry while supporting cost-effective and flexible legal services.
The document discusses the ethical and liability risks for lawyers who do not use computer-assisted legal research (CALR) technology such as Westlaw and LexisNexis. While there is no direct rule requiring the use of CALR, the standard of competent legal practice implies that lawyers must use tools that allow for thorough, efficient research. Failure to research issues adequately could lead to ethics violations, malpractice claims, or sanctions. As CALR has become ubiquitous and courts increasingly rely on it, not using these tools risks a lawyer failing to meet the standard of competent legal representation according to evolving practices.
Mooting involves simulating a court hearing where participants research and argue legal issues. The procedure imitates real courts with oral arguments presented to a judge. Mooting enhances advocacy, legal research, and writing skills and allows students to demonstrate these abilities to potential employers. It can be challenging but rewarding. Some tips for mooting include engaging with the judge, asking for clarification of questions, applying legal principles to facts, being familiar with referenced materials, and managing time based on judicial intervention.
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Litigation funding is an increasingly popular tool for attorneys and parties with legal claims to share the risk and reward of litigation or arbitration with third-party investors, and for investors to capitalize on the uncorrelated returns generated by legal-driven revenue. This webinar is intended to provide an overview of the topic generally, touching on the “who,” “what,” “where,” “when,” “why,” and “how’s” behind litigation funding.
Part of the webinar series: Commercial Litigation Funding 2022
See more at https://www.financialpoise.com/webinars/
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The document is a table of contents for a handbook on legal ethics and professional conduct. It outlines 24 chapters that cover the underlying principles of integrity, duties to clients, other lawyers, the court, the public, and the profession. Specific topics addressed include competence, confidentiality, conflicts of interest, fees, discrimination, and upholding justice. The table of contents provides a high-level overview of the broad range of ethical issues covered in the handbook.
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This document is the table of contents for a legal ethics and professional conduct handbook. It lists 24 chapters that cover the underlying principles of integrity and duties that lawyers have to their clients, other lawyers, the court, the public, and the profession. Specific duties addressed include competence, confidentiality, avoiding conflicts of interest, fees, duties when speaking publicly, and avoiding discrimination.
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The document discusses professional ethics for advocates in India. It outlines the duties of advocates towards the court, clients, fellow advocates, opponents, and society. Advocates must act with honesty, integrity and respect. They are governed by codes like the Advocates Act and rules set by the Bar Council of India to regulate conduct and ensure ethical practice. Upholding professional ethics is crucial for maintaining standards and public trust in the legal system.
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Business litigation is usually about numbers. The damages, value, financial analysis and appraisal you need to prove your case will often require the opinion of an independent financial expert such as a business valuator, forensic accountant, economist, appraiser or any of a panoply of other financial experts.
The expert's evidence could make or break the case. So it's important to engage counsel who knows the rules and an expert whose opinion will be accepted by the court.
In this interesting presentation, Igor Ellyn, QC, CS, FCIArb, a senior business litigation and arbitration counsel in Toronto, Canada, discusses the law affecting the use of financial experts and best practices to make their evidence most effective. Mr. Ellyn was assisted by Evelyn Perez Youssoufian, also, a business litigation and arbitration lawyer. Both are members of Ellyn Law LLP.
The following topics are discussed:
- What an expert witness should accomplish
- Determining when to use a financial expert
- What kind of financial expert do you need?
- Types of financial expert witnesses
- Factors to consider when hiring the expert
- New developments in presentation of expert evidence
- Conflicts of interest and disclosure
- Litigation privilege relating to expert reports
- Best practices for qualifying a financial expert
- Limits of admissibility of expert evidence
- Preparing the financial expert to testify at the hearing
- Preparing for cross-examination of the opposing expert
- The Court’s power to appoint an expert
- Counsel’s role in the content of the expert’s report
This presentation was prepared for a legal conference which took place in Toronto on May 30, 2013. The contents are not legal advice. Please contact the author if you have any questions.
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Litigation funding is an increasingly-popular tool for attorneys and clients to share the risk and reward of litigation with third-party investors, and for investors to capitalize on the uncorrelated returns generated by legal-driven revenue. This webinar is intended to provide an overview of the topic generally, touching on the “who,” “what,” “where,” “when,” “why” and “how’s” behind litigation funding.
To view the accompanying webinar, go to:https://www.financialpoise.com/financial-poise-webinars/an-introduction-to-a-new-yet-old-funding-alternative-2021/
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- The memorandum asks whether a paralegal can interview a client to provide fee information and conduct a settlement conference.
- Case law establishes that paralegals can interview clients under attorney supervision to gather facts, but cannot make legal decisions or appear in court without an attorney.
- The memorandum concludes that while a paralegal can interview a client, they cannot conduct a settlement conference alone due to the legal decision making required. The supervising attorney must attend.
This document provides information about the Chief Litigation Officer Summit taking place from March 15-17, 2009 at the Sawgrass Golf Resort & Spa in Ponte Vedra, FL. The summit will allow senior in-house litigators to strategize on litigation processes and provide corporate defense. It will include keynote presentations and panel discussions on topics such as reducing litigation costs, managing discovery and investigations, and evaluating vendors. The event is intended to help litigation executives forge partnerships and learn best practices for efficiently managing litigation.
Legal Aid and Pro bono lawyers have important duties to their clients and the court. They must represent clients competently and ethically, while also advancing legal reform for the public good. Pro bono work provides important skills development and ensures access to justice for all members of society, especially vulnerable groups. Legal Aid lawyers must balance their duty to clients with their overriding duty to the court and standards of the profession.
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This document summarizes a presentation on the emerging issues related to legalized marijuana. It discusses how marijuana legalization is impacting various areas of law and insurance claims. Legalized marijuana directly impacts professional liability, transportation, employment, premises liability and other areas. While public opinion and usage is increasing, federal law still prohibits marijuana use. States are passing legislation to legalize medical and recreational marijuana use, creating conflicts with federal law. This is generating new types of lawsuits and insurance claims around issues like indemnity agreements and additional insured coverage. Presenters discussed open questions around how these legal and regulatory changes will further impact claims handling and different professions.
This document discusses genetically modified organisms (GMOs) and how they differ from hybrid organisms. It notes that while hybrids involve breeding closely related species and result in sterile offspring, GMOs involve transferring genes between unrelated organisms using genetic engineering techniques. The document outlines some current and potential insurance issues related to GMOs, including whether general liability policies would cover bodily injury or property damage claims. It also lists some past legal cases involving GMOs and potential future labeling lawsuits challenging state laws requiring GMO labeling.
This document discusses social media and its uses in claims handling and litigation. It provides definitions and examples of key terms like social media, web 2.0, and the internet of things. It describes the types of personal information that can be learned from social media and other online data sources. It also discusses ethical considerations and court decisions around using social media information in litigation. The key takeaways are that social media investigations are essential for effective claims handling, public social media information can lead to private insights, and claimants are no longer strangers due to available online data.
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4.
―A professional lawyer is an expert in law
pursuing a learned art in service to clients
and in the spirit of public service; and
engaging in these pursuits as part of a
common calling to promote justice and public
good.‖
Maryland Judicial Task Force on Professionalism, Reports and Recommendations 14
(2003), quoting ABA Professionalism Committee Rep., Teaching and Learning
Professionalism 6 (1996).
5.
In1999, the Conference of Chief Justices published
a report entitled ―A National Action Plan on Lawyer
Conduct and Professionalism,‖ calling for the
establishment of professionalism commissions
under the authority of State Supreme Courts,
observing that a majority of attorneys are
competent professionals but that the . . .
6.
In 2003, the Maryland Judicial Task Force on Professionalism
documented through 22 meetings with lawyers in each
Maryland county that there existed an actual significant
decline in professionalism in the state evinced by incivility
amongst members of the Bar:
Senior members of the Bar who had been practicing for as
many as fifty years observed that professionalism had
declined.
Other attorneys observed a similar decline in
professionalism marked by ―rancorous discovery
disputes; a loss of trust between lawyers . . . ; a
breakdown of the traditional mentoring of new lawyers . .
. ; [and] a lack of civility in and out of the court room.‖
Other unprofessional behavior observed included ―rambo
tactics‖ in litigation, failure to return phone calls, and
increasingly contentious behavior by attorneys.
7.
Florida
◦ In 1993, the Florida Bar commissioned a survey
of Florida lawyers to formulate data regarding
the characteristics of Florida lawyers, which
found that lawyers had a negative attitude
toward a ―substantial minority‖ of their
colleagues, finding that many could ―not be
trusted,‖ ―ha[d] little regard for truth or
fairness,‖ and were ―pompous and obnoxious.‖
◦ In 1995, the Florida Bar commissioned a
follow-up study, which found that the most
serious problem Florida lawyers faced was a
lack of professionalism.
8.
Massachusetts
◦ In 2002, the Boston Bar Association published a report entitled
―Task Force on Civility in the Legal Profession,‖ which
conducted informal surveys of judges and clients, among
others, which revealed the following uncivil and unprofessional
behavior:
◦ Judges Observed:
Personal attacks on the opposing party in memoranda
submitted to the court
A far too prevalent practice of requesting sanctions
◦ Clients Observed:
Insulting, demeaning, and arrogant behavior
Sarcasm and yelling
Failing to allow a deponent to respond to a question
◦ The Board of Bar Overseers, moreover, stated that it received
two hundred complaints from the public per year pertaining to
uncivil behavior by lawyers.
9. ◦ The Maryland Judicial Task Force on Professionalism
observed a number of potential causes of
unprofessional conduct including:
A decline in the number of attorneys participating in Barrelated activities.
Clients unrealistic expectations and clients‘ frequent view
that an attorney should act with the same degree of animus
toward opposing counsel as litigants may feel toward each
other.
Economic pressures on lawyers as a result of a declining
economy and growing legal profession.
The use of technology decreasing face-to-face
communication and instant reaction, without thought.
Media and advertising providing a skewed and negative view
of the profession.
10.
Another potential cause of unprofessional and uncivil behavior
included increasing diversity amongst members of the Bar, which
eliminated its homogeneity, but some have suggested that there
was never a golden age of civility, but rather, a time when the
legal community was small, closed, and discriminatory, and
lawyers‘ perception of a ―civil‖ time was maintained by
precluding those with differing viewpoints from the Bar. As the
Maryland Judicial Task Force on Professionalism observed in its
survey of suburban lawyers:
11.
In observing a decline in professionalism,
many states focused on the issue of declining
civility, and while civility undoubtedly plays a
significant role in professional behavior,
professionalism is an amorphous concept
marked by a number of other values.
12.
In Maryland, the Judicial Task Force on Professionalism found:
This variegated concept of Professionalism is reflected in
Maryland‘s ―Ideals of Professionalism‖:
13.
Supreme Court of Florida‘s Commission on
Professionalism:
◦ – ―The essential ingredients of professionalism are
character, competence, civility, and commitment.‖
Hawaii Supreme Court Commission on
Professionalism:
◦ ―‘Professionalism‘‖ includes competence, civility,
legal ethics, integrity, and commitment to the rule
of law, to justice, and to the public good.‖
14.
Georgia Chief Justice‘s Commission of
Professionalism
◦ ―The Commission espouses the values of
competence, civility, character, commitment to the
rule of law, to the lawyer's roles as counselor,
officer of the court and solver of problems,
commitment to pro bono, community and public
service, and to work for the improvement of the law
and the legal system and to ensure access to that
system.‖
15.
The concept of professionalism is embodied in lawyers‘
relationships with clients, opposing parties and their
counsel, courts, colleagues in the practice of law, the
profession, and to the public, as evinced by Maryland‘s
Ideals of Professionalism. For example it provides:
A lawyer should: ―maintain an open and respectful
dialogue with clients and opposing counsel.‖
A lawyer should understand that ―maintaining
decorum in every venue, especially in the
courtroom, is neither a relic of the past nor a sign
of weakness; it is an essential component of the
legal process.‖
A lawyer should recognize ―that the practice of law
is a calling in the spirit of public service, not merely
a business pursuit.‖
16.
This relationship component
of professionalism is likewise
reflected in the Lawyer‘s
Creed developed by Georgia‘s
Chief Justice‘s Commission on
Professionalism.
17. ◦ Attorney Grievance Commission of Maryland v.
Payer, 425 Md. 78 (2012)
In an attorney grievance matter, the Court of Appeals
of Maryland observed that the attorney representing
the Respondent engaged in unprofessional conduct
when he referred to the trial court judge repeatedly by
his last name only; accused the judge of
incompetence; referred to the clients that Respondent
had represented, who grieved, as ―scoundrels‖ and
―sleazy characters‖; and characterized the case as ―a
case study in what occurs when a trial judge
mindlessly sucks down material that is spoon-fed to
him in a Proposed Order and then regurgitates it into
his own Order without even bothering to check its
accuracy.‖
18.
Writing for the Court, Judge Alan Wilneradmonished counsel
for what he characterized as ―unjustified and unprofessional
personal attacks on [the trial court judge], on the Assistant
Bar Counsel who prosecuted the case, and on the complaint
client,‖ and concluded that:
19.
In101 Geneva LLC v. Wynn, 89 SEPT.TERM 2012,
2013 WL 5663815 (Md. Oct. 18, 2013), the Court
of Appeals of Maryland considered, inter alia,
whether a provision in an advertisement for a
foreclosure sale imposing an additional fee on
the successful bidder in the event of a default
was permissible.
Counsel for the Trustees holding the foreclosure
sale asserted a proposition in its brief that
seemingly provided significant support for his
position that such a fee was permissible . . .
20. Compare the assertion with the actual language of the case:
Trustee‘s Brief
―As this Court clearly stated
in Simard v. White, 383 Md.
225, 859 A.2d 168 (2004),
Trustees acting under a
power of sale
contained in a deed of
trust must have
discretion to outline the
manner and terms
of sale‖...‖ Id. at 312,
859 A.2d at 200.‖
(emphasis added in
brief).
Language of Simard
―Trustees acting under a
power of sale contained
in a deed of trust have
discretion to outline the
manner and terms of
sale, provided their
actions are consistent
with the deed of trust
and the goal of securing
the best obtainable
price:‖
21.
Opposing counsel, in his brief, pointed out the
absence of the conditional language and the
addition of the word ―must‖; nevertheless, counsel
for the Trustees made no correction to the Court of
Appeals prior to, or during oral argument, and was
admonished for it at oral argument:
THE COURT: ―I think it‘s incumbent on you to
know that before you address the Court you
should be making relevant corrections. Because
I think that that was inappropriate to add a
word to a quote of this Court and leave out the
conditional.‖
22. ◦ In 2008, based on many of the findings of the 2003
Judicial Task Force, the Maryland Judicial Commission on
Professionalism recommended a number of measures,
many of which were adopted, including:
Adopting Standards of Professionalism.
Altering the new admitteecourse on professionalism to
include breakout sessions based on practice areas and
emphasizing real concerns of client complaints by including
speakers from the Attorney Grievance Commission.
Permitting new admittees to the Bar to sign up for mentoring
at a required professionalism course, in which experienced
practitioners are paired with newly admitted members of the
Bar based on interest in particular practice areas and
geography.
23.
Other measures taken include:
◦ The establishment of the Professionalism Center,
supported in part by a five dollar assessment on all
attorneys.
◦ The development of a professionalism course for
new judges.
◦ The development of methods to address aging
lawyer issues.
◦ The development of a symposium regarding the
future of the practice of law.
24.
Nationwide, numerous commissions and committees have
been implemented to restore professionalism to the
practice of law.
◦ Fifteen state-court sponsored commissions on professionalism.
◦ Fourteen state-bar sponsored professionalism committees.
While all commissions and committees ultimately seek to
enhance professionalism, their goals vary, ranging from
broad-based goals of ―encouragement of professionalism
in the practice of law‖ (South Carolina), to more specific
goals such as to ―promote among the lawyers and judges .
. . principles of integrity, professionalism and civility; to
foster commitment to the elimination of bias and
divisiveness within the legal and judicial systems; and to
ensure that those systems provide equitable, effective and
efficient resolution of problems and disputes for the
people of Illinois.‖ (Illinois).
25.
―Macro‖ Approach
◦
◦
◦
◦
◦
◦
◦
◦
◦
CLEs on Professionalism
Oaths, Creeds, and Codes Pertaining to Professionalism
Educational Programming
Participation in Law School Programming
Convocations/Symposia on Professionalism Topics
Video programming (E.g., ―A Day in the Life of a Family Law Practitioner‖)
Lawyers‘ Oral History Project (Illinois)
Professionalism Day (New Jersey)
Writings, Essays, Articles, and other pieces on Professionalism
―Micro‖ Approach
◦ Committees implemented to resolve professionalism complaints by
clients, lawyers, and judges (New Jersey and North Carolina)
◦ Professionalism/Community Service Awards
◦ Coordinating and Providing Mentoring Programs
◦ ―Take Your Adversary to Lunch‖ (Georgia)
◦ Judicial Response Committee (North Carolina)
◦ Media Communication Programs (Indianapolis)
26.
An underlying cause of incivility and
unprofessional behavior is often the belief that
zealous advocacy and professionalism are
incompatible.
◦ ―Some lawyers believe that their duties to clients require
an absolutely no-holds-barred approach meant to make
life as unpleasant as possible for the client‘s legal
adversaries. . . . Whether described as Rambo lawyers,
pit bulls, avenging angels, or an opponents worst
nightmare, these lawyers seem to believe that anything
less will fail to maximize client objectives.‖
Peter R. Jarvis and Katie M. Lachter, The Practical Case for
Civility, in Essential Qualities of the Professional Lawyer49
(2013).
27.
A 2007 Illinois Survey on Professionalism concluded
that much of the unprofessional behavior was likely
deliberate and used as a litigation tactic as evinced by
the subtle tactics used (sarcasm) and the venue of the
behavior (behind the scenes, rather than in open
court).
Often, the client may drive unprofessional behavior,
who may request, for example, an attorney to
respond to discovery requests with cryptic discovery
responses.
◦ This client-driven problem was further evident in the
Maryland Task Force on Professionalism Report, which
surveyed lawyers in rural communities who expressed
concerns that clients were turning to outside counsel
because they perceived the Bar in rural communities to be
too collegial.
28.
The Maryland Ideals of Professionalism
encompass the values that being an adversary
does not warrant unprofessional behavior,
requiring lawyers to:
◦ Understand that hostility between clients is not
grounds for a lawyer‘s hostility or disrespect.
◦ Demonstrate courtesy and respect in all contexts,
not just in the court room.
◦ Respect differing points of view and show empathy
for others.
◦ Not allow a client‘s improper motives to influence a
lawyer‘s action or advice.
29.
Uncivil behavior diminishes not only the profession and its public
perception, but diminishes the individual and those with whom
he or she interacts.
Uncivil behavior tends to trigger a similar response from
opposing counsel, making it less likely that the parties will agree
to a resolution that may benefit the client.
Uncivil behavior and Rambo-style litigation tactics consume time
and client resources; for example, time spent drafting e-mails,
time spent drafting motions for sanctions, and time spent
quarreling at depositions is time in which a client may be getting
billed, but her cause not being furthered.
Uncivil behavior may alienate judges who, consequently, may be
less sympathetic to a client‘s case.
Uncivil behavior with clients may lead to a loss of clients, and
worse, potential grievances resulting in disciplinary measures
against the attorney.
30.
Because Rambo-style litigation may occur at
the behest of a client, it is essential that these
practical advantages are explained.
What if, despite these explanations, a client
insists in proceeding in a difficult manner—
for example, the client insists that the lawyer
grant no extensions or extend any other
courtesies that are not otherwise required?
31.
Judges as role models of professionalism
Judges publishing an attorneys unprofessional
behavior in their written opinions:
◦ Recall Attorney Grievance Commission of Maryland v.
Payer, in which Judge Wilner, writing on behalf of the
Court of Appeals of Maryland, admonished counsel for
his name-calling in his brief to the court, citing
specifically Maryland‘s ―Ideals of Professionalism‖:
―More recently, by its adoption of Ideals of Professionalism,
we have explained that lawyers are constrained by certain
precepts of professionalism, which ‗require[ ] civility in all
dealings, showing respect for differing points of view, and
demonstrating empathy for others‘ and an understanding
that ―‘a lawyer can advocate zealously a client's cause in a
manner that remains fair and civil.‘‖
32.
Rule Based Sanctions:
Concerns raised to the Maryland Task Force on
Professionalism regarding proposed rule 1-342:
◦ Maryland Judicial Task Force recommended the adoption of
Maryland Rule 1-342: ―If the court finds that the conduct
of any counsel violates the Standards of Professionalism,
the Court may impose sanctions as the Court deems
appropriate, including the assessment of a monetary civil
penalty, a monetary award, or both.‖
It could diminish other rules, including the Rules of Professional
Conduct and a judge‘s exercise of the contempt power.
It could be used to harass lawyers.
It could further escalate already contentious disputes.
The rule could become a ―sword‖ rather than a ―shield,‖ in that
unprofessional lawyers could file frivolous motions for sanctions
and only further ―rambo-style‖ litigation.
It could unintentionally curb zealous advocacy.
33.
Courts using their inherent authority to regulate
the legal profession to impose ad-hoc sanctions
for unprofessional conduct:
Sahyers v. Prugh, Holliday &Karatinos, P.L.,560 F.3d 1241,
1243 (11th Cir. 2009)
Sahyers was discharged from her employment as a paralegal at
a law firm and retained counsel to represent her in an action
against her former employer under the Fair Labor Standards Act
for unpaid overtime. Per Sahyers‘s instruction, Sahyers‘s
attorney made no attempt to give notice of her claim to the
defendant, nor did Sayhers attempt to collect the unpaid
overtime on her own, but instead, filed the action in court.
Sahyers recovered the unpaid overtime, but was denied
attorney‘s fees for which prevailing Plaintiffs are generally
entitled under the FLSA, because the United States District
Court determined that the failure to provide the defendant
notice of Sahyers‘s claim warranted denying the payment of her
attorney‘s fees.
34.
In affirming the judgment of the District Court, the Eleventh
Circuit opined:
―A federal court may wield its inherent powers over the lawyers
who practice before it. This control derives from a lawyer's role as
an officer of the court. . . . The district court's inherent powers
support its decision here. Defendants are lawyers and their law
firm. And the lawyer for Plaintiff made absolutely no effort-no
phone call; no email; no letter-to inform them of Plaintiff's
impending claim much less to resolve this dispute before filing
suit. Plaintiff's lawyer slavishly followed his client's instructions
and-without a word to Defendants in advance-just sued his
fellow lawyers.As the district court saw it, this conscious
disregard for lawyer-to-lawyer collegiality and civility caused
(among other things) the judiciary to waste significant time and
resources on unnecessary litigation and stood in stark contrast to
the behavior expected of an officer of the court.The district court
refused to reward-and thereby to encourage-uncivil conduct by
awarding Plaintiff attorney's fees or costs. Given the district
court's power of oversight for the bar, we cannot say that this
decision was outside of the bounds of the district court's
discretion.‖
35.
Criticisms of the Sahyer decision:
◦ Civility and Collegiality- Unreasonable Judicial
Expectations for Lawyers as Officers of theCourt, 2
St. Mary's J. Legal Mal. & Ethics 324 (2012)
Because of the poorly-defined ―officer of the court‖
standard, the threat of such sanctions may curb a
lawyer‘s obligation of zealous advocacy.
While it may be universally agreed that promoting
civility is a noble cause, what constitutes incivility is a
subjective judgmentthat may fall into a gray area.
36.
Permitting clients to recover their attorney‘s fees when a lawyer acts
unprofessionally:
◦ In Abramson v. Wildman, 184 Md. App. 189 (2009), the Court of Special
Appeals of Maryland upheld a $13,000 damages award on a breach of
contract claim by a client against his attorney; the $13,000 represented
the amount of attorney‘s fees charged. The Plaintiff alleged that attorney
Abramson breached his contractual obligation to represent him in a
professionally competent manner by inter alia:
Presenting a false financial statement to the trial court judge.
Failing to advise him of settlement options.
Failing to properly advise him of the merits of his case.
The court, quoting 7 Am. Jur. 2d Attorneys at Lawwith approval, stated: