Former Texas “Texting” Judge Now Running for District Attorney.

12 Sunday Jan 2014

Posted by Celia C. Elwell, RP in Judges, Legal Ethics

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Attorney Discipline, District Attorney, Elizabeth Coker, Legal Ethics, techdirt Blog, Texas Judge, Texas Supreme Court, Tim Cushing

Former Judge Who Was Caught Texting Instructions To Prosecutors Now Running For District Attorney Post, by Tim Cushing, techdirt Blog

http://tinyurl.com/prtyo82

Her resignation from the bench was effective December 6. The press release announcing her campaign to run for district attorney of Polk County came out two days later. This should be interesting. Let’s see what happens. -CCE

Former Texas Judge Elizabeth Coker resigned from the bench on December 6, 2013. She announced that she was running for District Attorney on December 8, 2013.

^{* * *}

Judges are supposed to be impartial arbiters of justice. However, former Texas judge Elizabeth Coker felt the prosecution needed a helping hand now and then to ensure “justice” was done and provided hints via text messages to district attorneys. Once evidence of her ex parte communications became public knowledge after an investigation, Coker resigned — or as she put it, ‘took one for the team.’

Reinstatement of Suspended Attorneys With Unique Conditions.

11 Saturday Jan 2014

Posted by Celia C. Elwell, RP in Attorney Discipline, Kansas Supreme Court, Legal Ethics

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Attorney Reinstatement, Bar Discipline, Kansas Supreme Court, Legal Ethics, Legal Profession Blog, Mike Frisch

Reinstated With Conditions, by Mike Frisch, Legal Profession Blog

http://tinyurl.com/kb7g6ea

The Kansas Supreme Court has reinstated two suspended attorney, with unique and unusual conditions imposed on each. Of the two attorneys reinstated by the Kansas Supreme Court, one is still on federal criminal probation. The other attorney is limited to representing only criminal defendants. -CCE

Is Your Cell Phone Secure? Are You Sure?

06 Monday Jan 2014

Posted by Celia C. Elwell, RP in Android Phones, Cell Phones, Disaster Preparedness, iPad, iPhones, Law Office Management, Legal Ethics, Legal Technology, Tablets, Technology

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Cell Phones, Client Data, iPads, iPhones, Larry Port, Legal Productivity, Mobile Devices, Mobile Phones, Tablets

A Mobile Security Checklist for Attorneys, by Larry Port, Legal Productivity

http://tinyurl.com/l7tm97l

While attending a CLE event, have you ever left your laptop unattended? What if someone steals one of your mobile devices from your car or your home — or what if you inadvertently lose it in some way? Can someone else access your privileged client’s data? -CCE

I recently had the honor of writing a piece for ILTA’s Peer to Peer magazine on mobile security and presenting a webinar on the same topic. One piece of research blew me away: in a six-month period in Chicago, over 20 THOUSAND (yes – THOUSAND) cell phones were left in taxis.

Sure, maybe Chicago’s taxi seats are stickier than most, and perhaps the cold forces people into taxis more than in, say, Boca Raton, FL. The point is, you’re apt to lose a phone. And these days, with large amounts of data storage, functionality, and computational power on these things, that spells trouble for attorneys protecting client data.

Changes Expected This Year in Pennsylvania Civil Litigation.

05 Sunday Jan 2014

Posted by Celia C. Elwell, RP in Construction, Expert Witness, Legal Technology, Litigation, Medical Malpractice, Motor Vehicle, Product Liability, Technology, Trial Tips and Techniques

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Civil Litigation, Construction Litigation, Daniel E. Cummins, Expert Witness Discovery, Legal Technology, Massachusetts Supreme Court, Medical Malpractice, Motor Vehicle, Pennsylvania Law Weekly, Product Liability Litigation, TORT TALK

Changes Anticipated for Pa. Civil Litigation Jurisprudence in 2014, by Daniel E. Cummins, TORT TALK, republished from Pennsylvania Law Weekly

http://www.torttalk.com/2014/01/article-changes-anticipated-for-pa.html

Currently, there are a number of important civil litigation issues pending before the Pennsylvania appellate courts, the results of which could significantly impact the way litigators practice in the years ahead. Moreover, notable changes over the past year in Pennsylvania statutory law, as well as the Rules of Professional Responsibility, are expected to have a significant impact.

Robert Ambrogi’s Most Popular 2013 Posts

02 Thursday Jan 2014

Posted by Celia C. Elwell, RP in Adobe Acrobat, Clouds, Law Office Management, Legal Ethics, Social Media, Using Social Media

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Adobe Acrobat, Clouds, Dropbox, Legal Ethics, LexisNexis, LinkedIn, Robert Ambrogi, Ross Kodner, Thomson Reuters

My Most Popular Posts of 2013, by Robert Ambrogi, Robert Ambrogi’s Web Sites

http://www.lawsitesblog.com/2013/12/popular-posts-2013.html

What’s A Luddite? Jim Calloway Knows The Answer.

27 Friday Dec 2013

Posted by Celia C. Elwell, RP in Legal Ethics, Legal Technology, Trial Tips and Techniques

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Jim Calloway, Jim Calloway's Law Practice Tips Blog, Luddite, Model Rule of Professional Conduct, Trial Tips & Techniques

Can Lawyers Be Luddites?, by Jim Calloway, Jim Calloway Law Practice Tips Blog

http://tinyurl.com/pgpb3aq

Regardless of whether you are tech savvy, this article is a must read. -CCE

Can Lawyers Be Luddites? it is sort of a trick question. If you don’t know what Luddite means, there is a far greater chance that you are one. I’ll give you more information about the origination of the term later in this post, but suffice to say that today Luddite means that you are anti-technology.

There has been a lot of discussion about how well lawyers need to understand technology since the ABA House of Delegates amended Comment 8 to Model Rule of Professional Conduct 1.1 on Competence. . . . .

Two Million Passwords Stolen from Google, Yahoo, ADP, and Social Media – Make Sure Yours Wasn’t One of Them.

07 Saturday Dec 2013

Posted by Celia C. Elwell, RP in Passwords, Social Media

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Facebook, Farmville, Google, LinkedIn, Pony Botnet, Spiderlab, Summary Trustwave, Twitter, Yahoo, ZDNet Blog

Two Million Stolen Facebook, Twitter, Yahoo, ADP Passwords Found on Pony Botnet Server, by Violet Blue for Zero Day, ZDNet Blog

http://tinyurl.com/pnw3o72

This website also includes a way to find out whether your passwords were stolen. – CCE

Summary: Trustwave’s SpiderLabs found a Pony Botnet Controller server holding over two million passwords and account credentials for ADP payroll, Facebook, Twitter, Yahoo and more belonging to victims around the world.

* * *

Interest turned to stunned surprise when the researchers uncovered a Pony Botnet server stabling over two million account credentials and passwords for Facebook, Yahoo, Google, Twitter, Linkedin, Odnoklassniki (the second largest Russian social network site) and more.

Teaching Metadata and ABA Metadata Ethics Opinion Chart.

07 Saturday Dec 2013

Posted by Celia C. Elwell, RP in Legal Ethics, Legal Technology, Metadata, Research

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ABA, Ethics Opinions, Legal Research, Metadata, RIPS Law Librarian Blog, Shawn Friend

Teaching Metadata As Part Of Legal Research, by Shawn Friend, RIPS Law Librarian Blog

http://tinyurl.com/kgbsmb8

Please note the ABA Chart in the quote below. If you have trouble with the link, try: http://tinyurl.com/4fld5lt. The chart is definitely worth a bookmark. -CCE

This issue has been around for some time. The ABA has formal ethics opinions on the release of and use of metadata. There is a compiled chart of action taken on metadata by the state bars or ethics commissions.

Is Failing to Keep Abreast of Latest Technology Tantamount to a Possible Ethical Violation?

03 Tuesday Dec 2013

Posted by Celia C. Elwell, RP in Legal Ethics, Technology, Trial Tips and Techniques

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ABA, Duty of Competence, Lawyerist Blog, Legal Ethics, Legal Technology, Megan Zavieh, Model Rules

Luddite Lawyers Are Ethical Violations Waiting To Happen, by Megan Zavieh, Lawyerist Blog

http://lawyerist.com/luddite-lawyers-ethical-violations-waiting-happen/

The ABA made it abundantly clear that lawyers must keep up with technology when it amended comment 8 to Model Rule 1.1 on competence. Comment 8 now reads:

To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject. (Emphasis added.)

Anticipated Merger Nixed between California firm Orrick Herrington & Sutcliffe and New York Pillsbury Winthrop Shaw Pitman

30 Saturday Nov 2013

Posted by Celia C. Elwell, RP in Conflict of Interest, Firm Merger, Legal Ethics

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Orrick, Orrick Herrington & Sutcliffe, Pillsbury, Pillsbury Winthrop Shaw Pittman, Reuters

Orrick, Pillsbury call off big U.S. law firm merger, by Casey Sullivan, Editing by Ted Botha, Phil Berlowitz, and Diane Craft)(with hat tip to Pamela Woldow!)

http://tinyurl.com/oytj4bs

The potential merger between the California-based Orrick Herrington & Sutcliffe and Pillsbury Winthrop Shaw Pittman in New York would have created one of the largest law firms in the country. It was first reported by Reuters on October 25.

Orrick Chairman Mitch Zuklie and Pillsbury Chairman James Rishwain said in a joint interview that a conflict of interest between clients in Orrick’s public finance practice and Pillsbury’s tax, environmental and real estate practices killed the merger.

Use Wickr To Send Encrypted Information On iOs And Android Phones

05 Tuesday Nov 2013

Posted by Celia C. Elwell, RP in Android Phones, Cell Phones, Confidentiality, Emails, iPhones, Legal Technology

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Advanced Encryption Standard, Android, Confidentiality, Encryption, iOS, Legal Technology, NSA, Robert Ambrogi, Wickr

Send Secure, Self-Destructing Messages with Wickr, by Robert Ambrogi at Robert Ambrogi’s Web Sites

http://bit.ly/HEj6aw

Lawyers have an ethical obligation to protect the confidentiality and security of communications with their clients. The more we learn about NSA snooping, the more we realize what a challenge that can be.

What do you think about the Second Circuit’s removal of Judge Shira Scheindlin?

02 Saturday Nov 2013

Posted by Celia C. Elwell, RP in Appellate Law, Case Law, Court Rules, Federal District Court Rules, Federal Law, Legal Ethics, Research, Trial Tips and Techniques

≈ Comments Off on What do you think about the Second Circuit’s removal of Judge Shira Scheindlin?

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New York City Police Department, Removal of federal judge, Shira Scheindlin, Stop-and-frisk program, United States Court of Appeals for the Second Circuit

As always, Judge Kopf asks an interesting question. CCE

Hercules and the umpire.

Judge Scheindlin is a New York federal trial judge who has taken senior status.* She was handling high profile cases involving New York’s “stop and frisk” practices. She issued an opinion providing remedial relief and an injunction to the folks who were challenging the police department’s practices, and up the case went to the Second Circuit. On Thursday, without ruling on the merits of the appeal, and acting on its own without a request from the appellants, the Second Circuit removed Scheindlin. The Court stated that the trial judge had violated the Code of Conduct and failed in her responsibility to uphold the appearance of impartiality (1) because of her statements to the parties regarding “related” cases and (2) because of interviews she gave to the media. The Second Circuit’s short opinion is here. Liberal legal commentators exploded in outrage. See, for example, here and here. The…

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During Trial, Court Should Have Admonished Jury Not to Google Plaintiff’s Lawyer Rather than Ordering Removal of Verdict Successes from Attorney’s Website

01 Friday Nov 2013

Posted by Celia C. Elwell, RP in First Amendment, Jury Instructions, Law Firm Web Sites, Law Office Management, Legal Ethics, Marketing, Trial Tips and Techniques

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Censorship, First Amendment, Jury instructions, Law Firm Websites

Jurors Might Google Law Firm’s Website, but Judge Can’t Censor It During Trial, by Scott Graham, The Recorder (with hat tip to Allen Mihecoby, CLAS, RP® on LinkedIn)

http://perma.cc/0UvXPVmc3Fg

[T]the decision sets new boundaries in an area of increasing concern for trial attorneys and judges: the balance between attorney free speech rights and potential jury contamination in a networked world.

South Carolina Court Says to Attorney: No Email = No License.

24 Thursday Oct 2013

Posted by Celia C. Elwell, RP in Attorney Discipline, Court Rules, Emails, Legal Ethics, Legal Technology, Trust Accounts

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Attorney Discipline, Court Rules, Emails, Legal Ethics, South Carolina

No E-Mail, No License, by Mike Frisch, Legal Profession Prof, Legal Profession Blog
http://bit.ly/16v90hL

The South Carolina Supreme Court suspended an attorney for repeatedly refusing to follow its explicit rules to maintain and monitor a working email account. This transgression, plus other failures by the Respondent to follow the Court’s orders and rules, led to the attorney’s suspension. The lawyer’s license to practice law was until further order of the Court.

Four Fantastic Dashboards for Lawyers, CEOs, Doctors, Journalists

23 Wednesday Oct 2013

Posted by Celia C. Elwell, RP in Dashboards, Legal Dictionaries, Legal Ethics, Legal Writing, References, Research

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CEOs, Dashboards, Doctors, Finance, Journalists, Lawyers, Legal Professionals, Medical Professionals, References, Research

If you have not seen or used these, you are overlooking outstanding resource. These Dashboards are one-stop clicking at their best. You will find links to research, practice areas, finance, news, reference material, social media, and more. Rearrange the information to suit you. (Free registration.)

http://www.lawyerexpress.com

http:www.ceoexpress.com

http://www.mdexpress.com

http://journalistexpress.com

Browse the Manual for LawyerExpress: http://www.lawyerexpress.com/manual/enduser.asp

Which Do You Quote – Law Reviews or Legal Blogs?

22 Tuesday Oct 2013

Posted by Celia C. Elwell, RP in Law Reviews, Legal Blogs, Legal Writing, Quotations, Research, Trust Accounts

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Law Review, Legal Blogs, Legal Research, Legal Writing, Quotations

Have law blogs surpassed law reviews?, by Kevin O’Keefe’s Real Lawyers Have Blogs (quoting Adam Liptak from Supreme Court Reporter for the New Times)
http://kevin.lexblog.com/2013/10/21/law-blogs-surpassed-law-reviews/#!