The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - September 2014

Download or read the complete newsletter here: The Lawyers' Lawyer Newsletter - September 2014

• Attorneys’ Review of Jurors’ Social Media Accounts — Ethical Jury Research — Considerations and Obligations That Arise When Conducting Jury Research Online
• In-Firm Privilege — Requirements for Creation of Attorney-Client Privilege for Communications With Law Firm General Counsel — Fiduciary Exception
• Engagement Letters — Enforceability of Arbitration Clauses — Finding of Unconscionability

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Attorneys’ Review of Jurors’ Social Media Accounts — Ethical Jury Research — Considerations and Obligations That Arise When Conducting Jury Research Online

American Bar Association Standing Committee on Ethics and Professional Responsibility; Formal Opinion 466, "Lawyer Reviewing Jurors’ Internet Presence"

Risk Management Issue: What may a lawyer do, within the ethics rules, to review the electronic social media presence and posts of jurors?

In-Firm Privilege — Requirements for Creation of Attorney-Client Privilege for Communications With Law Firm General Counsel — Fiduciary Exception

Crimson Trace Corp. v. Davis Wright Tremaine LLP (2014) 355 Or. 476 (May 30, 2014)

Risk Management Issue: Are communications between firm’s lawyers and the firm’s in-house general counsel regarding actual and potential conflicts of interests between the firm and a former client protected by the attorney-client privilege?

Engagement Letters — Enforceability of Arbitration Clauses — Finding of Unconscionability

Feacher v. Hanley, 2014 WL 119382 (D. Utah January 13, 2014)

Risk Management Issue: May lawyers establish binding agreements to arbitrate their clients’ disputes by including mandatory arbitration provisions in their engagement letters or retainer agreements?

Download or read the complete newsletter here: The Lawyers' Lawyer Newsletter - September 2014

This newsletter has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.