What Every Client Needs to Know About Process Servers, Naked Avatars, and Company Email

by Mike Mintz on February 3, 2011 · 3 comments

in martindale.com connected

Here’s what you missed on martindale.com Connected.

Someone’s knocking at the door- do you let them in?

Lisa Magill writes about Florida Statutes Section 843.02 regarding the obligation of a Condo Association to instruct guards to allow process servers access to the facility and grounds:

The arrival of a process server at the front gate or lobby entrance to a property leaves community association leaders in a quandary – do you allow this person in and let them do their job (ignoring safety, security or guest entry rules) or do you stop them?  If your rules require announcement of all visitors, do you call the resident and let them know the process server is on the way?

Find out the three reasons she enumerates for why you can’t just dodge these guys like everyone does in the movies.

Demand for Legal Services: Upward or Onward?

John Wallbillich writes:

Hildebrandt Baker Robbins released a report last week that alleges some upward signs in the demand for legal services for 4Q 2010. Here it is, drumroll please:

One percent.

This demand component is defined as a growth in billable hours.

Find out why John thinks law firms may have to tighten their belts this year.

Dress Code for Avatars in the Workplace

I wrote this one:

Here’s an HR and Legal nightmare waiting to happen: your company decides that it wants to be modern and digital.  Since so many people telecommute, they decide to give employees a virtual presence by creating a system that allows avatars, digital representations of the employees, that can interact, message, and even collaborate on projects in 3D virtual real-time.

This isn’t science fiction.  The ABA Journal reports: “an increasing number of businesses have adopted the use of these virtual physical likenesses in the workplace for things like long-distance planning and strategy meetings between co-workers on different continents, and collaboration on projects; they have even been used to help reduce overhead by eliminating brick-and-mortar meeting spaces.”

What are the key issues you need to know to keep your client out of hot water at work for going naked in the corporate virtual world?

Prominent Civil Rights Lawyer Disbarred after being Convicted of Tax Evasion, Bankruptcy Fraud & Money Laundering

Dennis N. Brager writes:

Stephen G. Yagman, 66 … was convicted of attempting to avoid paying more than $100,000 in federal taxes and sentenced to three years in federal prison. … Yagman claimed he was targeted because of the numerous civil rights battles he had with the federal government. In 2002, he was part of a group that filed challenges to the detention of suspects at Guantanamo Bay. In the 1990s he pursued charges in connection with the case of Randy Weaver and the Ruby Ridge shooting. He often targeted the LAPD with allegations of police brutality and civil rights violations.

Read the rest of Dennis’s post and comment whether you would buy Yagman’s story.

Young Lawyers & The Big Opportunity Staring Them in the Face

Donna Seyle’s blog hosted a  guest post by Rachel Rodgers, where she wrote:

Entrepreneurship is the answer for recent law grads and new lawyers who are unemployed or underemployed. Sam Glover of The Lawyerist predicted last year that the law grads of 2008-2012 would become the lost generation of lawyers because their lack of experience would make new graduates more attractive hires when jobs do start to come back. And for those who don’t know, contract lawyering does not count as legal experience.

Read about how Rachel has carved out a niche for herself as a lawyer entrepreneur, and how you can do it too with a little creativity.

Using a Company Computer to Email Your Attorney May be a Bad Idea

John Tarley writes:

Email is a great communications tool. Unfortunately, it is rife with potential issues. Remember that your company computer is subject to be monitored by your employer. Both of these cases involved lawsuits by employees against their former employers. In those situations, using a company computer and company email account to communicate with your lawyer may act as a waiver of the attorney-client privilege on those issues discussed in the emails.

Why did the California court rule that the attorney emails were NOT privileged, but a New Jersey court ruled that similar such messages were privileged?  Read John’s post to find out.

CLE Webinar: Legal Process Outsourcing: Ethics & Efficacy

Responding to ever-increasing pressure to control legal costs, law firms and corporations alike have turned to a proven cost-saving method employed in many other aspects of business — outsourcing.  This opportunity has spawned a burgeoning and global legal process outsourcing (LPO) industry that employs tens of thousands of people and generates hundreds of millions of dollars’ worth of revenue a year.  But when work that is being outsourced involves the practice of law things can get prickly.  How do you ensure quality?  What are the ethical risks?  How do you ensure sensitive data are secure?

To address these and other important questions martindale.com® Connected is hosting a complimentary webinar on February 23rd from 2:00 to 3:15 p.m., Eastern Time, titled “Legal Process Outsourcing:  Ethics & Efficacy.” The faculty will include uniquely qualified speakers who will explain the attractive savings involved with LPO, as well as best practices for avoiding the considerable ethical harms of poorly executed outsourced projects.

Register for the webinar today.

That’s it for today’s Connected Round Up.  Members can get in on these discussions and more by clicking the links and commenting.  Non-members can check see all these discussions, but need to register to comment – it’s 100% free.

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February 3, 2011 at 6:05 pm

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Nicholas Trillo wrote onFebruary 20, 2011 at 8:27 pm

This article was very interesting I found it extremely comical. Seeing as I, myself, am a process server here in California I could really relate. I will be sure to make reference on the blog on my site http://www.processserverscalifornia.com Thank You

Reply

Mike Mintz wrote onFebruary 22, 2011 at 12:32 pm

Thanks for the comment Nicholas. Have you got any crazy stories about people trying to avoid you? What about other readers: ever try to avoid a process server … wait, don’t answer that.

Reply

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