To Encrypt, Or Not To Encrypt, That Is The Question

Michael E. McCabe, Jr.ABA Model Rules of Professional Conduct, Competence, ConfidentialityLeave a Comment

The ABA has dived head first into the pool of law firm cybersecurity.  On May 11, 2017, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 477 (here), which addresses a broad range of issues that lawyers must consider to protect client confidential information from “nefarious actors throughout the internet.”  Those “nefarious actors”—also known as … Read More

“What We’ve Got Here Is Failure To Communicate”  – Preventing The Most Common Cause For Attorney Discipline And Malpractice

Michael E. McCabe, Jr.Communications, Failure to Communicate, Malpractice, Patent Ethics2 Comments

It is one of the most iconic lines in the history of American cinema.  Spoken by “The Captain”–the sadistic prison warden portrayed in the 1967 film Cool Hand Luke—the “failure to communicate” passage near the top of the American Film Institute’s list of top 100 movie quotations, nestled between “I love the smell of napalm in the morning” (Robert Duvall, … Read More