At a Glance ...

Levin Center offers ‘Post-Election Analysis’ webinar

The Levin Center for Oversight and Democracy will offer a webinar on “Post-Election Analysis” Thursday, Nov. 10, from 12:15 to 1:30 p.m. via Zoom.

Speaking at the webinar will be Representatives Debbie Dingell (D-MI-12) and John Moolenaar (R-MI-04).

To register for the free webinar, visit https://levin-center.org. Anyone with questions may email the Levin Center at Wayne Law at levincenter@wayne.edu.


ABA issues guidance for lawyers on email protocols

The American Bar Association Standing Committee on Ethics and Professional Responsibility has released a formal opinion that provides practical guidance to lawyers operating in an email world, cautioning them to generally refrain from including their clients when sending emails to opposing lawyers.

Formal Opinion 503 explores communications and the scope of ABA Model Rule 4.2, which is commonly called the “no-contact” or “anticontact” rule and has been part of the ABA Model Rules of Professional Conduct since its inception in 1983.

The opinion would not tag opposing lawyers with a violation of Rule 4.2 if they respond to a group email or text sent by the opposing counsel with a “reply all” even if that communication includes the opposing counsel’s client.

“Absent special circumstances, lawyers who copy their clients on emails or other forms of electronic communication to counsel representing another person in the matter (infers) consent to a ‘reply all’ response from the receiving counsel,” the opinion said. “Accordingly, the reply all communication would not violate Model Rule 4.2.”

As a practical matter, the opinion suggests that lawyers “who would like to avoid consenting to such communication should forward the email or text to the client separately or inform the receiving counsel in advance that including the client on the electronic communication does not constitute consent to a reply all communication.”


Notices

Macomb County Circuit and Probate courts will be closed on Friday, November 11, in observance of Veterans Day.
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All offices of the U.S. District Court and the U.S. Bankruptcy Court for the Eastern District of Michigan will be CLOSED on Friday, November 11, in observance of  Veterans Day.
In case of emergency, call 313-234-5656.
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The Michigan Supreme Court, Court of Appeals, and State Court Administrative Office will be closed on Friday, November 11, in observance of Veterans Day.

 

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Three-County & Full Pass also available