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David Kluft

@dkluft.bsky.social

830 followers 1.1K following 1.8K posts

Assistant Bar Counsel/Prosecutor, Massachusetts Office of Bar Counsel. Legal Ethics and Attorney Discipline. I post #LegalEthics tidbits & pictures of my cat. Account unrelated to my employer. https://www.linkedin.com/in/davidkluft/ Boston/Cambridge, MA

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Moby Dick @mobydickatsea.bsky.social · 2h

in her murderous hold this frigate earth is ballasted with bones of millions of the drowned

David Kluft @dkluft.bsky.social · 2h

Congrats to my alma mater for doing something incredibly stupid, venal and depraved only once this year and not twice. Thanks for abandoning your most marginalized students to a bigoted mob only once this year and not twice.

Whoopee

Dominique Baker @bakerdphd.bsky.social · 3h

Brown is out! They had to do more dancing in their letter because they previously capitulated and needed to reference their previous agreement but, at its core, this reiterates MIT's letter.

The clock is now on for all other institutions.

www.brown.edu/sites/defaul...

David Kluft @dkluft.bsky.social · 10h

... as an admission “that he made no effort to review the ‘unpublished cases included within his brief.” The Court sanctioned the attorney $1,000, referred him to the CA bar, and ordered him to take some CLE classes in AI use.

David Kluft @dkluft.bsky.social · 10h

... unknowingly coped and pasted material from an AI overview he found through Google” or some “other open browser tab” and then he forgot to delete it from the brief. He also claimed that he normally downloads and cite-checks the “published” cases he cites, which the court interpreted ... (cont.)

David Kluft @dkluft.bsky.social · 10h

#LegalEthics: Should I cut and paste Google’s #AI overview into my draft brief and then deal with it later?

A lawyer submitted a brief to the N.D. Cal. Court that contained at least three non-existent cases. The lawyer stated that he “may have ... (cont.)

lnkd.in/exysgAeX
#lawsky #law

Caption and first page of opinion, which is available through link.

David Kluft @dkluft.bsky.social · 10h

... with discovery obligations.” The Court ordered the defendants to obtain an e-discovery vendor, to have an additional lawyer from their firm added to the case, and to produce certain items within 20 days. The Court also awarded attorneys’ fees (in an amount to be determined).

David Kluft @dkluft.bsky.social · 10h

... more knowledgeable about litigation procedures, particularly ESI discovery involving platforms such as WeChat and concerning forensically sound extractions of ESI from iPhones, and who have more time to dedicate to this case. Being at a small firm is not an excuse for non-compliance... (cont.)

David Kluft @dkluft.bsky.social · 10h

... lawyer who is competent to handle it”) and 1.3 (lawyer “shall not neglect a legal matter entrusted to the lawyer”). The Court stated: “It is clear to this Court that Defense counsel cannot take on the defense of this large and complex matter absent additional help from lawyers who are... (cont.)

David Kluft @dkluft.bsky.social · 10h

... “understaffed and overburdened with a heavy caseload.” The Court reminded counsel of his obligations under Rules 1.1 (“[a] lawyer shall not handle a legal matter that the lawyer knows or should know that the lawyer is not competent to handle, without associating with a ... (cont.)

David Kluft @dkluft.bsky.social · 10h

... to several document requests and interrogatories, the plaintiffs brought a motion to compel. In response to the motion, defense counsel explained that he had been unable to produce the iPhone and WeChat content on time because he worked at a small firm and was ... (cont.)

David Kluft @dkluft.bsky.social · 10h

... to require significant complicated e-discovery because the scheme was carried out on WeChat and other online platforms using iPhones, some of which were no longer working, and to make matters more difficult a lot of it was in Chinese. After defendants failed to respond adequately ... (cont.)

David Kluft @dkluft.bsky.social · 10h

#LegalEthics Tidbit: If e-discovery is too burdensome for a small firm, can a judge order them to hire co-counsel and an e-discovery vendor?

A putative class action lawsuit in NY against the alleged perpetrators of an Amazon-related Ponzi scheme was going ... (cont.)

lnkd.in/etTintAJ
#lawsky #law

Image of man sitting before computer that is draped by police tape, by Ron Lach via Pexels

David Kluft @dkluft.bsky.social · 1d

... transfer request was made, because it indicated the client’s lack of trust and confidence, and its intent to discharge counsel. Malpractice case time barred.

David Kluft @dkluft.bsky.social · 1d

... including because the client didn’t actually sign the consent to change of attorney form until August 2018 and they continued to have communications with the lawyer until December 2018. The Court disagreed, holding that the relationship ended (in June 2018) when the file ... (cont.)

David Kluft @dkluft.bsky.social · 1d

... to the attorney saying it wanted new counsel and asking for the file to be transferred. Over three years later, the dissatisfied client commenced a malpractice action. The client argued that the three-year statute of limitations was extended by the continuous representation doctrine... (cont.)

David Kluft @dkluft.bsky.social · 1d

#LegalEthics Tidbit: When is the attorney-client relationship over for purposes of the malpractice statute of limitations?

Alleged negligence by a NY attorney resulted in dismissal of certain claims. On June 27, 2018, the dissatisfied client wrote ... (cont.)

lnkd.in/eX6VedYk
#lawsky #law

Calendar lying on table. Image by Leelo the First via Pexels via Pexels

David Kluft @dkluft.bsky.social · 1d

... firm and her representing herself separately without help (which would be awkward because she wouldn’t be allowed to do anything related to the claims against her firm).

David Kluft @dkluft.bsky.social · 1d

... counsel, and the Court didn’t feel like letting her proceed pro se. The partner would therefore have to decide between letting the hired counsel handle the whole matter and represent both parties (which is what the Court wanted) or having hired counsel represent the ... (cont.)

David Kluft @dkluft.bsky.social · 1d

... proceed pro se, but a federal judge disagreed, noting that the statute provided “that the parties may plead and conduct their own cases personally or by counsel,” the word “OR” being key. It was up the Court’s discretion whether to let her proceed pro se if she already had ... (cont.)

David Kluft @dkluft.bsky.social · 1d

... witness). After removal to federal court, the partner retained new counsel to represent both the firm and herself, but she also filed a pro se appearance as co-counsel just for herself (not the firm). She claimed that 28 U.S.C. 1654 unambiguously allowed her the right to ... (cont.)

David Kluft @dkluft.bsky.social · 1d

... against both the firm and the firm’s owner/partner. An AK Superior Court disqualified the partner from representing her firm because she was likely to be the key irreplaceable witness at trial and therefore could not also be an advocate, pursuant to Rule 3.7 (lawyer as ... (cont.)

David Kluft @dkluft.bsky.social · 1d

#LegalEthics Tidbit: Can a lawyer be prevented from representing herself pro se?

A small law firm in Anchorage, Alaska sued a former associate for unfair competition and trade secret misappropriation, and the associate filed breach of contract counterclaims ...(cont.)

lnkd.in/ek_HQQ5v
#lawsky #law

Man and woman behind desk arguing. Image by Yan Krukau via Pexels

David Kluft @dkluft.bsky.social · 2d

... have disqualified him, but by that time the client has already asked for new counsel.

David Kluft @dkluft.bsky.social · 2d

... the tribunal) but found the conduct more than just reckless because “the insertion of bogus citations is not a mere typographical error, nor the subject of reasonable debate. It is just wrong.” The court issued a public reprimand and fined him $5,000. The court also would ... (cont.)

David Kluft @dkluft.bsky.social · 2d

... only on his laptop, he found it ‘tedious to toggle back and forth between programs on [his] laptop with the touchpad’ and ‘unfortunately fell victim to the allure of a new program that was open and available.’” The Court was not sure if the conduct violated Rule 3.3 (candor toward ... (cont.)