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Ethics

: Legal Ethics Forum

Legal Ethics Items (December 9, 2010)

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  • Concurring Opinions breaks down the details on the McCort - LA Dodgers post-nup snafu.  One aspect of it brings to mind some old cases that were called "benign fraud."  For example, a trusts and estates lawyer realizes that a client who has slipped in late stage Alzheimers signed a will that is technically defective for some reason and so the lawyer attaches the signature page to a newly drafted will free of defects -- all because it's what the client truly wanted and paid for.  Of course, in the McCort case, the post-nup was adversarial and heavily negotiated.
  • At Otherwise, George Conk looks at a new ethics opinion from New Jersey, opining that a lawyer should not get sucked into serving as co-fiduciary with the trust administrator who was the client.  Sounds right to me, and it brings to mind other situations where the lawyer may want to remain the outside advisor rather than the inside participant.  For example, when the transactional lawyer is aked to serve as the escrow agent, I also wonder if it isn't better if the lawyer declines that role.  Or when the lawyer is asked to describe the client's IP protection to the investors.
  • The Dean of USD offers these thoughts on how to make law schools more truthful about employment outcomes.
  • Leiter: University of Delaware is thinking about opening up a law school.  (Why not an undergrad department in law, like accounting or business?  I know -- it's not allowed.)


Full post as published by Legal Ethics Forum on December 09, 2010 (boomark / email).

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