It seems like you can’t open a newspaper these days without reading about the latest person to be accused of sexual harassment in the workplace. Sometimes, the alleged behavior is so blatant, you can’t imagine that anyone would think it was appropriate. But, the law is complicated, and you may be confused about whether certain behavior rises to the level of sexual harassment. Thus, as part of our Modern Practice Committee Report and to help you gain a better understanding of this important issue, we asked Elaine Herskowitz, an expert and consultant on sexual harassment issues, to identify 10 common situations in which employers are confused about what the law requires. In “Ten Misconceptions About Sexual Harassment,” p. 43, she outlines these situations and gives advice on the proper action to take.
Our Committee Report also deals with another issue that’s in the news a lot these days: protecting digital privacy. As a practitioner, you have ethical and common law duties to take competent and reasonable measures to safeguard information relating to clients. This includes information that may be in an email to and from a client, as well as in any attached documents. In “Safeguarding Client Information,” p. 47, David G. Ries explains the steps attorneys are required to take to protect their client’s private information from cybercriminals targeting money, banking information and personally identifiable information that can be used for identity theft. Rounding out the Modern Practice Committee Report is an article on advising clients when they or their children are about to get married and will be dealing with new family members, as well as an article on important questions to ask before taking on a new client.
Finally, we would like to welcome a new member to the editorial advisory board of our Modern Practice Committee: Craig R. Hersch. Craig has written articles for Trusts & Estates on marketing an estate-planning practice and creating a podcast for clients. We know his expertise on practice management issues will be put to good use.