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Legal Ethics Forum 

Covering Legal Ethics
Post Frequency: 11.2/day Last Entry: August 14, 2020 at 13:23:48 Recent Entries: 2870
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Avoiding the Ethical Minefield of Social Networking and Marketing
Posted on February 07, 2010That's the title of a Suffolk Law School Advanced Legal Studies program in Boston on March 11th. The program will consist of two panels, each of which will address a variety of legal ethics issues associated with online networking and...
Erica Hashimoto, "Resurrecting Autonomy: The Criminal Defendant's Right to Control the Case"
Posted on February 04, 2010Article here; abstract: In Faretta v. California, the Supreme Court exalted the value of autonomy ? the criminal defendant?s interest in presenting and controlling the defense. Over the course of the past thirty-five years, however, the Court?s enthusiasm has dissipated,...
Student reaction to the duty to report misconduct and inform the client of mistakes
Posted on February 04, 2010At Concurring Opinions, Michelle Harner discusses her PR students' reactions to the duty to report misconduct and the duty to inform clients of mistakes.
An Excellent Primer on "Ethical Blindness" in Lawyering
Posted on February 04, 2010Kath Hall, a professor at Australian National University College of Law, has posted a book chapter on SSRN entitled, "Why Good Intentions are Often Not Enough: The Potential for Ethical Blindness in Legal Decision-Making." It will appear in a forthcoming...
odds and ends (February 3, 2010)
Posted on February 03, 2010Heather Milligan asks if its ethical for lawyers to have their blogs ghost-written for them. . . . . The debate continues in India about whether foreign law firms should be allowed. . . . . U Mass to open...
EEOC sues Kelley Drye & Warren for age discrimination
Posted on February 02, 2010I had thought that after the Sidley Austin matter, most larger firms dropped mandatory retirements and handled the issue of unproductive senior partners through the compensation process. But now comes news that the EEOC is suing Kelley Drye for its...
GOP continues to suggest that lawyers in Holder DOJ have conflicts on terror issues
Posted on February 02, 2010I report this not because I agree, but rather because it appears to be an issue that may bounce around in the news for awhile: some GOP politicians continue to ask the DOJ for more information about alleged/possible conflicts of...
New Business Models for U.S. and Global Legal Education (year long contest by New York Law School and Harvard Law School)
Posted on February 02, 2010Elizabeth Chambliss passes on news of a year-long discussion/contest of innovative ideas for legal education, sponsored by New York Law School and Harvard Law School. My two cents: we ought to have much more variation in the approaches law schools...
The case of the decade in Canadian law of lawyering
Posted on February 02, 2010Alice Woolley, writing at the University of Calgary Faculty of Law blog, nominates two cases for the "law of lawyering" cases of the decade in Canada. The cases held that adversities to current clients on unrelated matters are conflicts of...
Rob Vischer: "Conscience and the Common Good "
Posted on February 01, 2010Our own Rob Vischer (with a nod to Legal Theory Blog) has posted Conscience and the Common Good to SSRN, which is taken from his new book. Abstract: Our longstanding commitment to the liberty of conscience has become strained by...
Resources for PR Professors
Posted on February 01, 2010Laurel Terry, the outgoing chair of the AALS Professional Responsibility Section, compiled some outstanding resources on the section's website for people who teach professional responsibility. This year's chair, Susan Carle, is doing a great job of keeping it up to...
Law Society of Upper Canada looks at women in the profession
Posted on February 01, 2010Article on the new report here.
"The Silliest Rule of Professional Conduct: Model Rule 5.2(b)"
Posted on February 01, 2010Even though I feel that we discussed this new article by Andy Perlman, I couldn't find a post devoted solely to it, and notice of the article just hit the SSRN email report, so I thought I'd post the link....
Stealing client files one at at time
Posted on February 01, 2010In this Florida case, an associate was planning to leave a firm and therefore took client files home one at a time to copy them so that he would be in a better position to keep the client. And the...
Caperton + Citizens United + Justice O'Connor = revitalization of the merit selection movement?
Posted on January 31, 2010I placed Caperton as the No. 1 legal ethics story of 2009, in part because it is inviting a re-visiting and perhaps overhaul of judicial elections at the state level. This story describes how the movement toward merit selection has...
Welcome, knitters!
Posted on January 30, 2010I see that we're getting visits from Ravelry, and I wanted to let those visitors know that Nona's life was turned upside down, in a good way, when she took a job teaching mathematics at an all girls school. She's...
"Justice Official Clears Bush Lawyers in Torture Memo Probe"? When will we finally see this report?
Posted on January 30, 2010Newsweek leaks what would be a surprising story: torture memo lawyers cleared but severely criticized? Supposedly, the report softened an earlier version that said that the lawyers had breached ethical duties. And, supposedly, there will be the long-awaited evidence on...
Ways that lawyers should or shouldn't criticize judges
Posted on January 28, 2010I'm not weighing in on the president's SOTU address comments about Citizens United or about Justice Alito's response (except to say that I'm glad Alito didn't "go Nino" on the president while cameras were rolling). But that incident brought to...
Biglaw comes out swinging for itself and for clients against Textron en banc decision; seeks SCOTUS review
Posted on January 28, 2010Eleven briefs urging the US Supreme Court to review and overturn the First Circuit's Textron case. Via Tax Prof Blog, here is Dennis Ventry's take on the panel ruling and via WSJ law blog, here is Ventry's comments on the...
Ethics Quiz
Posted on January 28, 2010PR teachers used to talk about the David E. Kelley show The Practice, which incorporated many well known legal ethics cases as plotlines. (As I recall there was even a series of teaching materials in development which used episodes from...
Federal Circuit affirms finding of inequitable conduct in Therasense
Posted on January 28, 2010Get the whole story at Patently-O. ("Inequitable conduct" means a lawyer's fraud on the PTO, but, unfortunately, courts sometimes find inequitable conduct when it seems like what they really found was just negligence. People are waiting for the Federal Circuit...
Do you teach to the MPRE?
Posted on January 27, 2010I know we've talked about the MPRE on this blog before, but I have a more specific question: how do you incorporate the MPRE, if at all, in your PR courses? This semester was the first time I had a...
Quote of the day
Posted on January 27, 2010I was a bit skeptical of the ABA's amendment of Rule 1.10 to allow the screening of laterals, in part because the timing gave it a whiff of "we're just a cartel protecting out members' interests." As such, I was...
San Francisco Chronicle calls upon the State Bar of California to investigate a lawyer who has no California license (Prof. John Yoo)
Posted on January 27, 2010I realize that mass media cannot be held to the same standards of knowledge and analysis we expect of specialists in the field, but what can we make of a major San Francisco newspaper that asks the State Bar of...
"Lawyer turns snitch"
Posted on January 27, 2010I won't comment on this bizarre story and blog post until I can find more details, but since it deals with a lawyer wearing a wire to incriminate others I wanted to post the links.
odds and ends (January 26, 2010)
Posted on January 26, 2010An in-house lawyer from Bear Stearns was permitted to serve as an expert against his former employer. . . . . The debate continues over whether NY state lawmakers who are also lawyers should be required to disclose the names...
Benjamin Barton (Tennessee): ?Against Civil Gideon (and for Pro Se Court Reform)?
Posted on January 25, 2010Benjamin Barton (Tennessee) has written, ?Against Civil Gideon (and for Pro Se Court Reform).? Article here. (nod to Legal Theory Blog) Last week I did ethics CLE for direct services lawyers and they are pretty excited about the potential of...
New legal ethics blog -- Kafkaesq -- from David Cameron Carr
Posted on January 25, 2010His new blog, Kafkaesq (I like the pun) has this post about California lawyers involved in the loan modification business. David's a former state bar prosecutorial type who now does respondent-side work, and who's currently the head of the Association...
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Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...

Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...








