All in National

Play Invasion of Privacy Games, "Win" Invasion of Privacy Lawsuits

Bloomberg Law is reporting that Vrdolyak Law Group, based in Illinois, has been sued in the U.S. District Court for the Northern District of Illinois for secretly recording employee phone calls and and meetings without permission, and then concealing their efforts.

Now, Illinois has some pretty stringent eavesdropping laws and is a two-party consent state, which means that absent particular circumstances, all parties to a conversation need to consent to recording it. So the particular course of action may not be available to aggrieved employees in other states, but hearing about this suit got me wondering—is it ethical to surveil your employees in such fashion?

So, What Do We All Think About the 65 Project?

This week, we learned about a new group, the 65 Project, dedicated to seeking professional discipline for lawyers involved in President Trump’s post-election litigation. Already, complaints have been filed with several states’ regulators. The “65” refers to the number of post-election lawsuits that were filed, that, in the group’s words, were “based on lies to overturn the election and give Trump a second term.”

Responding to Internet Criticism, Re-Re-Revisited

Like most ethics lawyers, I get questions about how to respond to online criticism fairly often. Of course, lawyers have always endured criticism, but until relatively recently, the comments were made around water coolers and on the courthouse steps, and maybe in a grievance filing. Newspaper editors generally didn’t publish letters about attorneys who weren’t otherwise public figures. Now, however, everyone has a platform and anyone can post a scathing review about anyone for any reason.

"Oh I know it'll happen, but it'll never happen to me..."

When I talk to lawyers about scams, any kind of scams, most respond somewhat defensively. “How could anyone possibly fall for that? My BS detector would have picked that up.” And yes, we know that the IRS doesn’t make robocalls requesting a credit card number; that we don’t know any royalty in Nigeria who want to wire us money; and that nobody who really needs legal help in the United States starts an email with “Hello Barrister I am in need of enlisting your aid in enforcing a loan agreement in your jurisdiction” (which is why, when versions of that email come in, we quickly delete them—you do that, right?).

The problem is, the scams are getting smarter.

What's in a Name Law Firm, S.C.

There’s been a bit of a discussion on #legalethicsTwitter (yes it’s a thing) about what lawyers are allowed to call themselves, professionally.

I was surprised to learn that in Texas, lawyers are not allowed to use trade names for their law firms. They can use their own names and those of active, retired, or deceased partners, and can use entity designations such as “LLC.” Married women can use their maiden names (gee thanks for expressly enumerating that, Texas).