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Ethics

Legal Ethics Forum

Covering Legal Ethics

Post Frequency: 11.2/day

Last Entry: August 14, 2020 at 13:23:48

Self-Defense: Rules v. Code, not what you think?

Posted on March 04, 2010
While researching confidentiality in the Rules and the Code for another reason, I came upon this textual issue. As we know, the text of the self-defense exception in the Rules is and was meant to be broader than the text...

Lawyer publicly opposes real estate project he had helped client with; suit against lawyer dismissed

Posted on March 04, 2010
Opinion here. We all know that the duty of confidentiality survives the attorney client relationship, but the extent to which the duty of loyalty survives when it doesn't impact confidentiality has always been an interesting question. Here, the lawyer wasn't...

Is there a law school bubble, revisted. (and is it now popping?)

Posted on March 04, 2010
Paul Caron reports on the NALP data showing that hiring is way down -- although the numbers vary some by region and area of practice. When the firms were flush, summer hiring was often seen as a tentative permanent hire...

odds and ends (March 4, 2010)

Posted on March 04, 2010
Over at Legal Profession Blog they have a post about a lawyer who used a website to retaliate against a former client, breaching confidentiality. . . . . Interesting post on how Microsoft is using off-shoring and "on-shoring" to reduce...

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Another review of Markovits's "A Modern Legal Ethics"

Posted on March 04, 2010
Over at Concurring Opinion, by Stephen Galoob, a JSP student at Berkeley. (Prof. Markovits posted on our site about his book, and we had several posts about it. )

The al-Qaida Seven

Posted on March 02, 2010
... is apparently the name being given by Liz Cheney's group Keep America Safe to unnamed Justice Department lawyers who represented detainees before joining the DOJ. (Hat tip TPM) As our own Stephen Gillers points out, allegations of a conflict...

Judicial Ethics Symposium

Posted on March 02, 2010
The Ethics Across the Profession Initiative at University of the Pacific - McGeorge School of Law (directed by Paul Paton) is presenting a symposium entitled Judicial Ethics and Accountability: At Home and Abroad. The symposium will consider the following themes:...

First result in ethics probe of text messaging scandal surrounding Detroit mayor Kwame Kilpatrick

Posted on March 02, 2010
The 83 page report, finding that Samuel McCargo committed professional misconduct, is here. Download Mccargo News article here. (Thanks to Peter Henning, of Wayne State and the NYT White Collar Watch Blog.)

Some recent scholarship

Posted on March 02, 2010
Howard Erichson and Benjamin Zipursky, ?Consent Versus Closure.? (nod to Mass Tort Litigation Blog) Abstract: Claimants, defendants, courts, and counsel are understandably frustrated by the difficulty of resolving mass tort cases. Defendants demand closure, but class certification has proved elusive...

odds and ends (March 1, 2010)

Posted on March 01, 2010
The DC Bar's ethics committee issued Opinion 353, which addresses "whether a lawyer representing a client with diminished capacity can seek the appointment of a substitute surrogate decision-maker when the current surrogate decision-maker is making decisions for the client against...

New blog of interest

Posted on March 01, 2010
LEF readers may (or may not) be interested in a new blog I've helped launch titled Law, Religion, Ethics: A multi-faith dialogue. The "ethics" will likely focus more on philosophical and theological understandings more than the ABA version, but with....

Reduced diversity in large law firms

Posted on March 01, 2010
Important article here. During the recent downsizing at biglaw, it appears that diversity has reduced. Coupled with the earlier news that diversity at US law schools dropped over the last decade, it seems that we need to focus hard on...

Perjury by a CA client in a civil case

Posted on March 01, 2010
This will be of limited interest to those outside California, but I had an interesting conversation today and wanted to post something having no possible connection to the OLC memos, so here goes: Suppose you represent a client in a...

Update on OPR - Torture Memos News

Posted on February 28, 2010
At Main Justice, Joe Palazzolo covers the recent Senate questioning of the DOJ's second-highest lawyer, Gary Grindler, about the OPR report. . . . . At Balkinization, David Luban and Stuart Taylor debate the meaning of "torture." . . ....

Fatal Car Crash; Serious Injuries; Negligent Drivers; Product Defects

Posted on February 27, 2010
Those are the issues that supposedly drive lawyers and their marketers to leave comments on blogs. Let's see.

Cyber-ambulance-chasing?

Posted on February 25, 2010
Interesting post by Ann Althouse on how commenting on blog posts that mention accidents. Can any readers confirm if lawyers use that technique to get clients?

Legal Indeterminacy and the Torture Memos

Posted on February 25, 2010
I'm still working through the draft reports, responses by Yoo and Bybee, and final report released by the Justice Department last Friday. But for now I wanted to comment on what I think is the most important aspect of this...

Around the web: Don Lundberg honored with NOBC "Case of the Month"; Abnormal Use blog interviews Professor Virzi; should private firms reveal financial information?

Posted on February 25, 2010
The National Organization of Bar Counsel (i.e., the state bar discipline lawyers) have chosen their Case of the Month to be a vehicle for paying tribute to Don Lundberg for his years of service to the Indiana discipline system. (not...

Charles Hood case: death penalty thrown out -- but not because of relationship between judge and prosecutor

Posted on February 25, 2010
Texas threw out the death penalty in the Charles Hood case due to a faulty jury instruction -- and not because of the intimate relationship between the judge and prosecutor. I wonder if my initial reaction was too cynical: this...

A Twist on the Misdirected Fax Scenario

Posted on February 25, 2010
I hadn't seen one of these before: employee and employer are in dispute; employer's lawyer faxes something to employer, and employee picks it up off the fax machine. Nova Southeastern Univ., Inc. v. Jacobson, 25 So.3d 82 (Fla. App. 2009)....

Update on Second Circuit's denial of en banc review in Lynne Stewart case

Posted on February 24, 2010
Howard Bashman has the details about the controversy among Second Circuit judges who ultimately denied a request from convicted lawyer Lynne Stewart that her unsuccessful appeal be heard en banc. Some of the potshots the judges take at their colleagues...

Morgan on the lawyer's future role

Posted on February 24, 2010
Thanks to John Steele for posting Tom Morgan's new paper, based on a forthcoming book, titled The Last Days of the American Lawyer. It's a must-read for anyone who cares about the future of legal practice and legal education. (And...

Interesting Conversation with Students about Downloading and Other "Accepted" but Illegal Things

Posted on February 24, 2010
I just thought this was interesting and so will pass it along. In my Internet law course this morning, we were talking about downloading songs, movies, etc. The students, to a person, stopped downloading when they started law school because...

Yoo filed appellate brief in Padilla case; calls amici ethics profs "purported ethics scholars"

Posted on February 23, 2010
Article here. I am trying to find a link to the brief and will update.

Thomas Morgan, "The Last Days of the American Lawyer"

Posted on February 23, 2010
Article here. Abstract: An historic transformation is underway in the legal profession. It began about 40 years ago, but it has accelerated and became painfully evident by 2009. These are the ?last days? of the American lawyer we once new....

Anita Bernstein on how to teach some PR in torts class

Posted on February 23, 2010
Post here. (nod to Legal Profession Blog)

odds and ends (February 23, 2010)

Posted on February 23, 2010
The GOP continues to push the idea that there are improper conflicts within DOJ because lawyers who formerly represented Guantanamo detainees now represent the United States on related issues. But as far as I can tell, the DOJ was careful...

Yoo filed appellate brief in Padilla case; steps up rhetoric

Posted on February 23, 2010
Article here. The brief is here. The rhetoric from Professor Yoo has been quite aggressive, and in today's WSJ article it's outright taunting.

Professor Hricik's paper on ethics

Posted on February 22, 2010
Professor Hricik's paper on ethics and the Internet, which includes coverage of ethical issues created by use of social networking sites such as Facebook and MySpace, as well as linking by clients to lawyer webpages, and other issues, is available...

Should the stakes of a representation affect our evaluation of the advice given?

Posted on February 22, 2010
Thanks to John and Brad for kicking off the discussion of DoJ's internal investigation of the torture memoranda. I've only had time to give a cursory read to John Yoo's response to the Office of Professional Responsibility's report; one section...

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