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?
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?
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?
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.?
1) Policies.
2) Inventory.
3) 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?
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?
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?
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.
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?
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
