ABA/BNA Lawyers' Manual on Professional Conduct: Current Reports Index-Summary

E-MAIL

– Attorney-client privilege applies to employee's e-mails from work computer to personal counsel (N.J. Super. Ct. App. Div.), 346; conflicting court opinions on applicability of privilege, 346
– Ex parte communications, concurrent e-mails to opponent and counsel usually prohibited (New York City Op.), 112
– Malpractice, N.Y. firm mail and e-mails into Tex. do not create jurisdiction in state (Tex. Ct. App.), 107
– Swindles, consequences for attorney victims, conferees discuss, 231

EAJA

See EQUAL ACCESS TO JUSTICE ACT (EAJA)

EFFECTIVE ASSISTANCE OF COUNSEL

See INEFFECTIVE ASSISTANCE OF COUNSEL

ELECTRONIC RESOURCES

– Ed. Note: For a list of selected articles, BNA products, and Internet sources, see back page of each issue.

EMPLOYMENT DISCRIMINATION

See DISCRIMINATION

EQUAL ACCESS TO JUSTICE ACT (EAJA)

– Attorneys' fees are property of winning party (4th Cir.), 267; (6th Cir.), In Brief, 492

EQUAL PROTECTION

– State troopers, N.J. may bar from practicing law (D.N.J.), 409

ESTATES

See WILLS AND ESTATES

EVIDENCE

– Candor toward tribunals, false evidence

– – Court must be promptly notified if client does not remedy falsehood (N.H. Op.), 412
– – Duty of lawyer after witness dishonesty, panelists discuss, 424

– Discovery

See DISCOVERY

– Experts

See EXPERT WITNESSES

– Prosecutors, duty to disclose exculpatory information goes beyond Brady obligation (ABA Op.), 471
– Rule 11 sanctions, exceptional circumstances save law firm from being penalized with lawyers who pursued claims lacking evidentiary support (6th Cir.), 103
– Spoliation, failure to document evidence (9th Cir.), In Brief, 518
– Testimony

See WITNESSES AND TESTIMONY

EX PARTE COMMUNICATIONS

– Class action, lawyer sanctioned for sending letter to class members criticizing proposed settlement (Cal. Ct. App.), 352
– Concurrent e-mails to opponent and counsel usually prohibited (New York City Op.), 112
– Corporate practice, contact with current employees, standards set (Ill. Op.), 194
– Prosecutor, contact with witness represented in related suit improper (Neb. Op.), 219
– Reckless accusations against judge, lawyer suspended (Wyo.), 221
– Subterfuge used to interview represented party, lawyer reprimanded (Ky.), 528

EXPERT WITNESSES

– Malpractice

– – Patent application process mishandled, patent attorney unqualified to be expert despite experience with process (E.D. Ky.), 441
– – Practical strategies for winning, conferees discuss, 229
– – Selection of experts, conferees discuss, 142

– Work product protections, proposed change to Fed. Rule of Civil Procedure 26 would provide, 66; panelists discuss proposal, 421