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The Evolving Rules Governing the Use of Investigators
Most attorneys involved in the investigation or defense of complex business crimes will turn to private investigators to assist them in developing the facts. Given the breadth and nature of many modern criminal investigations, the use of private investigators is almost becoming a necessity. Yet many basic rules governing their use are unclear or in flux, especially when it comes to monitoring or gathering electronic information. The consequences of an ill-supervised or, even worse, unlawful investigation can range from the exclusion of evidence to criminal prosecution, always with the risk of severe reputational damage to the client on whose behalf the work is performed. In this article, we identify some key issues to guide attorneys in this important area.
General Ethical Limitations
Any work performed on behalf of an attorney, including work performed by investigators, will be subject to the rules of ethics. Because the use of investigators often involves surreptitious activity or deception, attorneys supervising investigators must be careful not to run afoul of the ethical rules against deceptive conduct. In New York, for example, DR 1-102(a)(4) provides that 'a lawyer or law firm shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation,' and under DR 7-102(a)(5), a lawyer may not 'knowingly make a false statement of law or fact.' Moreover, the investigator may interact with individuals or entities represented by counsel with respect to the subject matter of the investigation, and DR 7-104(a)(1) generally prohibits not only lawyers but also their representatives from communicating with the clients of other lawyers. The New York rules have equivalents in most other jurisdictions.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
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Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.