As trial lawyers, we know what is at stake for companies in the courtroom. We understand how judges and juries receive and respond to evidence and how to navigate civil trial and appellate courts with skilled precision. We also understand business. And the daily challenges lawyers and legal teams have in supporting and protecting the company’s interests with efficiency in a constantly changing environment.
Our track-record in the courtroom – acting for corporations and on behalf of lawyers defending grievance and malpractice claims – uniquely positions us to serve as trusted advisors on ways to mitigate risk, whether as a means of avoiding litigation or better protection should litigation arise.
Ethics and Remote Work
As corporations, law firms, and society at large have adjusted to the realities of the Coronavirus pandemic, advancements in technology and hybrid work models have been widely adopted. As flexible work models become normalized, the need for counsel to ensure ethical obligations are being met requires renewed interest. From ensuring proper, complete communication with clients (internal and external), working remotely without running afoul of unauthorized practice of law rules, and ensuring the protection of client confidences, the ethics of remote work present unique challenges and a minefield of risk for the distracted or overworked.
While corporate communication was once dominated by written email, the myriad of communication platforms and styles requires elevated technical competency of lawyers. In-house counsel must be proficient in understanding and avoiding the ethical and legal hazards that certain communication platforms (e.g. Slack, Microsoft Teams) can present in the workplace, while outside counsel must understand how to navigate programmatic functionality in the discovery process. The massive amount of data now available, and the subsequent discoverability in litigation, can make or break a case at trial or a reputation at large. It is well past time for companies and law firms to begin treating their more casual communications like email and assume that it is discoverable and prepare accordingly.
Housekeeping for Lawyers
Given the importance of navigating these evolving workplace and communication practices, and the potential scope at play, Beck Redden trial lawyers are equipped to act for our clients in reducing litigation risk. We bring a courtroom mindset when reviewing internal processes and practices to avoid unnecessary disruption. Specifically, our lawyers help clients by:
- Providing in-house CLE/Ethics presentations and trainings.
- Conducting malpractice readiness audits.
- Drafting and reviewing policies specific to team collaboration software.
- Installing organization-wide governance practices that reduce errors, mitigate risk and better position the firm in the event future cases are brought.
- Leveraging the complete spectrum of legal tools available to address the challenges professionals may face as they go about their work.
- Taking cases to trial, when necessary.
March 3, 2022
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November 11, 2021