Legal Ethics

Expert Analysis

• Opinion

  Beware COVID-Driven Lowball Offers From Insurers

  

  Some insurers are unethically offering low settlement figures to policyholders who are in dire need of immediate financial assistance, and plaintiff attorneys have an obligation to ensure that their clients receive a fair payout, says Mike Arias at Arias Sanguinetti.

• Don't Forget Firm Culture When Adapting To Remote Work

  

  While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

• Conducting Court Hearings Remotely: 12 Considerations

  

  As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

• The Era Of Video Mediation Is Here — Or Is It?

  

  Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

• COVID-19 Highlights BigLaw Need For Emotional Intelligence

  

  The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

• Opinion

  Judicial Shaming Of Attys Is Troubling Even During Pandemic

  

  Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

• Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

  

  While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

• Remote Depositions: Coming To A Home Office Near You

  

  Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

• Ways Lawyers Can Support The Most Vulnerable Right Now

  

  In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

• Confronting The Challenges Of Virtual Mediation

  

  Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

• 3 Steps To Building Effective Teams While On Lockdown

  

  When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

• Client Advocacy Tips For Remote Hearings During COVID-19

  

  As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

• How To Conduct Depositions Remotely

  

  Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

• A Guide To Zealously Representing Clients During COVID-19

  

  The American Bar Association's Model Rules of Professional Conduct require lawyers to be zealous advocates for clients' interests, but how do these rules apply in this unprecedented time of COVID-19? Anne Lockner at Robins Kaplan offers some pointers.

• 7 Ways Attys Can Create The Right Home Office Environment

  

  In the midst of this health crisis when lawyers are working from home with their loved ones around all day, practitioners need to ensure their “home” and “office” settings coexist without one trumping the needs of the other, says Luciana Fragali at Design Solutions.