Other Flashcards
When can atty in litigation w/ Large Org/LG have ex parte w/ its employees?
Common sense, w/ lowers.
Proper if w/ lower employees w/ no direct involvement in the litigation & who don’t speak for Large Org/LG.
When is ex parte w/ Large Org/LG prohibited?
Common sense, w/ heavy hitters.
———–
1) Officers, directors or managing agents
2) Staff is directly involved in litigation
3) One whose acts or omissions imputed to Large Org/LG.
If no current litig pending, when can atty have ex parte w/ Large Org/LG?
NON (POTENTIAL) LITIG/KS ----------- Common sense, limited. ----------- Large Org/LG atty representation: 1) Actually known = ask permission. 2) Imputed = independent justification. (a) Stick to non-related matters & (b) I.D. self & client.
Large Org/LG has general counsel that theoretically represents all employees in all matters.
Can an outside atty ever have ex parte w/ Large Org/LG employees?
EX PARTE ----------- Yes. Independent justification: 1) Stick to non-related matters. 2) I.D. self + client.
If atty has a Current Client conflict but no litigation is yet filed, what is the trigger that allows him to communicate?
No trigger b/c ALWAYS blocked.
What is the surprising extent of block on an atty w/ a Current Client conflict vs a Large Org/LG?
EX PARTE ----------- ALWAYS blocked. Go thru Large Org/LG's general counsel. Regardless of wh/ litig filed.
> > don’t get his. thought it was common sense, don’t talk with uppers
What are the different ex partes allowed if atty has:
No conflict, just wants to talk w/ Large Org/LG employee
vs.
Current client conflict w/ employee in Large Org/LG.
No conflict - Independent justification. [non-related/I.D.]
vs.
Current C confl - Always go thru gen counsel.
What must LG do to ensure confidentiality of its IT/hard drives/flash drives/etc.?
CONFID
1) Policies.
2) Inventory.
4) Supervise nonlawyers.
4) Sanitize + get confirm/certif from Sanitizing Vendor.
Does Atty’s duty of confidentiality extend to info not garnered from Client?
Yes. All info re: the representation, whatever its source.
Dinosaur attys are generally competent b/c of long experience.
When are Dinosaurs vulnerable to being deemed “incompetent”?
Technology.
Competent attys:
1. Maintain requisite knowledge and skill,
2. Keep abreast of changes in the law and ITS PRACTICE.
What is the surprising active thing Atty must do @ all times, re: technology?
I.D. threats.
Ex. hotel wifi, copier hard drives, phones.
Are attys responsible for conduct of nonlawyers?
SUPERVISOR ----------- Absolutely even if just a contracting vendor. Why? b/c has 'supervisory' responsibilities.
What are the ‘supervisory responsibilities’?
Managing/partners/supervisory attys must make reas efforts to ensure non-lawyer acts compatible w/ Rules of Pro Cond.
When is a non-lawyer’s improper conduct imputed to atty?
SUPERVISOR ----------- 1) Atty directly ordered it 2) Atty is manager, learns of it, does nothing. Why? b/c Atty has ratified the improper act.
County Commissioner charged w/ ethical violation. Can County Atty represent?
DUAL REP ----------- Depends. ----------- Current @ Same DAM is Limits & Risks Relations. (1) Same or related matter (2) Subst. Risk will occur (3) Directly Adverse (4) Materially Limits. ----------- Cd likely be waived if simple (ex. frivolous complaint).
What activities must Atty undertake re: non-lawyer using his E-Portal login.
Change password if non-lawyer leaves employ or acting questionable.
Isn’t it unlicensed practice of law for non-lawyer to check the box on E-portal w/ Atty’s certification that no confidential or sensitive info is contained in the filing?
No. While no longer simply ministerial task, the Atty has a duty to supervise.
SUPERVISOR ----------- Atty may not voluntarily disclose any info re: representation w/o: 1. Exception to confidentiality rule or 2. Informed consent.
So … how can Atty use a cloud?
Due diligence:
• Utilize backup + shield (ex. McAfee).
• Ck Provider security + ensure enforceable obligation for confid + security.
Why does Atty have to be careful in expressing his personal opinions?
GEN ----------- Atty at all times. • "We do not tolerate unprofessional and discourteous behavior." • Ex. Can't disparage judges or juries.
Name 5 things Atty can do to limit Bar complaints.
(1) Confirm important conversations in writing
(2) Tickler system
(3) Conflict checks
(4) Supervise Staff
(5) Stay Current with The Florida Bar
o Pay dues
o Do CLE
o Update record bar address
