Columnists / OP-ED

Randy Evans and Shari Klevens, Dentons partners.

Tensions Between Government Investigations and Attorney-Client Confidentiality

By SHARI KLEVENS and RANDY EVANS, Dentons |

What would you do if the FBI, or some other government agency, came knocking on your door asking questions about a client who is of interest, but not yet the subject of a formal investigation? Do you disclose details of your client's business? Do you show them financial documents and legal files?

Mark Dubois

The More Things Change ...

By MARK DUBOIS |

I feel like I'm caught is some weird, warped time loop — reliving, again and again, spectacular lawyer self-destructions. The last few weeks brought press reports of guilty pleas from several of our brethren. Change the names, and they could be any one of many, many I've seen before.

Harry Mazadoorian

Part II: Making Critical Decisions During Mediation

By HARRY N. MAZADOORIAN |

Early ex parte communications are permitted in mediation, and they can be extremely productive.

Home-Schooled Children Don't Escape Regulation

By DEBORAH G. STEVENSON |

It is unfortunate that before the Connecticut Law Tribune's editorial board published the article "It's Time To Regulate Home Schooling" the board did not reach out to those who know the most and have the facts about home schooling. Had the board done so, it certainly would have been more informed, and the article published would have reflected more accurately existing history, law and custom.

Randy Evans and Shari Klevens, Dentons partners.

Guarding Against Misconduct, Mistakes and Ethical Violations

By SHARI KLEVENS AND RANDY EVANS |

Law firms cannot be expected to micromanage employees, and instead they rely on attorneys and staff members to perform their duties in a legal or ethical manner. However, while firms may be confident that employees will conform their behavior to applicable standards, there are inevitably times when even those most outwardly competent employees may conduct themselves with less-than-perfect ethics or otherwise make a mistake.

Making Critical Decisions in the Mediation Process

By Harry N. Mazadoorian |

As practitioners shift up to an expanded use of mediation and as increasingly sophisticated mediation nuances emerge, lawyers are faced with a wider range of decisions concerning how to proceed.

Eric Wiechmann

Tips on Arbitration Advocacy, Part IV (Conclusion)

By Eric W. Wiechmann |

A quick way to lose credibility with the arbitrator is being too argumentative or trying to disparage opposing counsel or witnesses.

Joseph Martini, a partner at Wiggin and Dana, New Haven, Conn.

Fourth Amendment Exception Allows Customs to Search Personal Devices

By Joe Martini and James Glasser, Wiggin and Dana |

CBP agents can search cellphones, laptops and other electronic devices of those entering or leaving the country, regardless of citizenship.

Mark Dubois

There Ought to Be a Rule ...

By Mark Dubois |

A number of recent events have brought me to the conclusion that we'd all be better off with a rule that makes it mandatory that someone who has a beef with a lawyer first bring their complaint to the attention of whatever judge, court, board or body that has jurisdiction over the matter before going to the grievance committee. Here are some examples and why this might be a good idea.

Eric Wiechmann

Tips on Arbitration Advocacy, Part III

By Eric W. Wiechmann |

As arbitration is meant to be relatively expeditious and inexpensive, arbitrators are generally reluctant to encourage or allow the use of prehearing motions. There are times when such motions may aid the process and should be considered. Motions in aid of prehearing exchange of information are often wanted but parties should confer with each other before contacting the arbitrator to see if there would be agreement on a discovery issue.

Randy Evans and Shari Klevens, Dentons partners.

Protecting Client Funds and Your Firm From Hackers

By J. Randolph Evans and Shari L. Klevens, Dentons US |

Cyberattacks can take many forms: phishing emails, greenmail attacks, Trojan Horses and others. Many law firms concerned about this issue focus primarily on safeguarding confidential information belonging to clients in an effort to meet their obligations under Rule 1.6 of the Rules of Professional Conduct. However, one recent trend in cyber scamming creates additional risks for attorneys: attacks that are targeted on law firm trust accounts.

Eric Wiechmann

Tips on Arbitration Advocacy, Part II

By ERIC WIECHMANN |

One of the most important steps in ensuring an effective arbitration is to be fully prepared for the preliminary hearing that will be held by the arbitrators soon after they have been appointed.

Court Time Is Valuable — Don't Waste It

By Alexander J. Cuda and Yakov Pyetranker |

Connecticut's courts have long recognized the legal maxim that justice delayed is justice denied.

Eric Wiechmann

Suggestions for Effective Arbitration Advocacy, Part I

By ERIC WIECHMANN |

There is usually ample flexibility in working with the arbitrator in establishing an efficient process.

Dubois-Mark

Handicapping Disciplinary Cases

At best, handicapping our Supreme Court is an inexact science, but if several recent cases give any indication, I think the pendulum there is swinging in favor of attorneys in discipline matters.

Randy Evans and Shari Klevens, Dentons partners.

Protecting Clients Through Joint Defense and Common Interest Agreements

By J. Randolph Evans and Shari L. Klevens, Dentons |

In many situations, co-defendants to a litigation may find that their interests are aligned and that they share a common goal: defeating the plaintiff's claims.

Mark Dubois

Normalizing the Normal

By Mark Dubois |

I was reading an article in the New York Times a few days ago about how the death of Prince, without a will, highlighted the importance of estate planning. The story did an OK job of explaining how the laws of different jurisdictions make some things tricky and explained the consequences of doing things wrong. What was missing was any suggestion that folks should talk to a lawyer.

Randy Evans and Shari Klevens, Dentons partners.

Litigating Debt Collections May Subject You to Liability

By Randy Evans and Shari Klevens |

Enacted in 1977 as an amendment to the Consumer Credit Protection Act, the FDCPA bans a "debt collector" from engaging in deceptive and abusive debt collection practices.

Mark Dubois

Attorney's Imprisonment Should Serve as Lesson

By MARK DUBOIS |

Attorney Corey Brinson is going to prison, and that's a shame.

Harry Mazadoorian

Quinnipiac and Bar Association Event Knocks It Out of the Park

By By HARRY MAZADOORIAN |

Increasingly sophisticated and readily available early processes have proven themselves to be highly effective, but they need to be further developed and refined in both the administrative and legislative arenas.

Randy Evans and Shari Klevens, Dentons partners.

Who Can Sue Independent Counsel?

By J. RANDOLPH EVANS and SHARI L. KLEVENS |

When disputes arise out of an attorney's handling of a legal matter, the parties involved are generally the attorney and the client. It is a basic concept that attorneys are only liable to their clients for their errors and omissions. But, as is the case with most rules, there can be gray areas.

Mark Dubois

Judging the Judges

By MARK DUBOIS |

When testifying before the Senate Judiciary Committee, Neil Gorsuch pointed out that judges are supposed to be more than politicians wearing robes. Amen to that. Unfortunately, in most of the country, where trial and appellate judges and justices are elected, too many times they are just that.

Harry Mazadoorian

Connecticut Must Adopt Revised Arbitration Law

By By Harry N. Mazadoorian |

It's time to bring our state arbitration act to the next level and the RUAA provides the mechanism to do that.

Randy Evans and Shari Klevens, Dentons partners.

Enforceable and Effective Attorney-Client Agreements

By J. RANDOLPH EVANS AND SHARI L. KLEVENS |
Mark Dubois

Jacoby & Meyers Case—Not Only Unsuccessful but Moot, Too

By MARK DUBOIS |

The Second Circuit just put to rest Jacoby & Meyers' lawsuit challenging New York's prohibition in Rule 5.4 on nonlawyer investment in law firms. It's not surprising, as the challenge seemed fatally flawed in some respects