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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

Economy drives California lawyers to cheat and steal? (and other news items)

Posted on January 25, 2010
How's this for a depressing lead sentence, from the Modesto Bee: "The recession has driven an increasing number of California lawyers to cheat and steal, say State Bar officials, who expect to discipline or expel hundreds of them." As the...

Jack Litman 1943-2010

Posted on January 24, 2010
As some may have read in today's New York Times, Jack Litman, one of NYC's best criminal defense lawyers, died yesterday, age 66, after a ten year battle with cancer. The headline for the Times obituary calls him the "lawyer...

Santa Clara County DA boycotts judge who made adverse rulings (including a finding of prosecutorial misconduct)

Posted on January 23, 2010
The Santa Clara County DA has initiated an office-wide "boycott" of a judge who has made adverse rulings, including findings that a prosecutor had lied about evidence that had not been produced in discovery. (California civil procedure permits lawyers to...

John Edwards and professional discipline?

Posted on January 22, 2010
My intuition is that John Edwards's dishonesty regarding his infidelity and paternity of a child out of wedlock should not be grounds for professional discipline, even though MR 8.4 forbids dishonesty. But I suppose that if any of his lies...

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John Edwards and the character/fitness inquiry

Posted on January 22, 2010
The possibility of professional discipline for John Edwards has sparked some interesting debates elsewhere, and there's one particular question I'd like to raise here. Some observers, including some participants on this blog, have cast doubt on the relevance of dishonesty...

odds and ends (January 22, 2010)

Posted on January 22, 2010
As part of their criminal sentencing, lawyers were ordered to spread the word about the dangers of committing fraud on the IRS. . . . . The former Attorney General of Kansas, Phil Kline is being investigated by the bar...

California Un-Recusal

Posted on January 22, 2010
Judge's unrecusal didn't violate defendant's rights Amanda Bronstad January 21, 2010 The California Supreme Court, relying on last year's U.S. Supreme Court ruling in Caperton v. Massey, ruled on Jan. 21 that a judge did not violate a defendant's due...

Update on Judge Sharon Keller

Posted on January 21, 2010
The New York Times reports here on the most recent developments in the disciplinary proceedings against Texas judge Sharon Keller.

Teaching PR in clinical settings?

Posted on January 21, 2010
Unless I'm mistaken, this article by Chad Flanders responds to the same editorial that Brad Wendel responded to. (nod to Jeff Lipshaw) Flanders suggests that PR is best learned in clinical settings, and urges law schools to explore the possibility...

what's going on (January 20, 2010)

Posted on January 20, 2010
In Australia, some lawyers believe that only lawyers have the expertise to investigate lawyers and so they oppose the creation of an ombudsman position. . . . . In the UK, there is concern that working class kids aren't making...

Opinion in Wood v. Allen Released Today

Posted on January 20, 2010
In a 7-2 decision, the Supreme Court affirmed the Eleventh Circuit's denial of habeas relief to petitioner Holly Wood on his claim that his lawyer (who had been admitted to the bar less than six months) should have investigated and...

You all see any problems with this AVVO offer?

Posted on January 19, 2010
Here's an email I received today from the folks at AVVO. Anyone have views on this offer? Dear John, Happy New Year! Are you ready to make 2010 your busiest and most profitable ever? Well I can help. Avvo now...

Zelotes complaints re Total Attorneys in CT

Posted on January 17, 2010
The hearing panel in this much-watched case dismissed all complaints after a day of testimony. The respondents were not required to complete their testimony. The panel will issue a full explanation but the summary is annexed. This is the case...

elsewhere in the blawgosphere (January 17, 2010)

Posted on January 17, 2010
John Flood revisits the classic question: is the law a business or profession? . . . . Mike Downey, at Hinshaw's The Ethical Quandary, looks at a UK report that suggests changes to ethics rules as one way of reducing...

Yet another e-discovery sanction

Posted on January 17, 2010
This time it was imposed on the plaintiffs. Article here; opinion here.

What's going on (January 16, 2010)

Posted on January 16, 2010
Joseph Collins, formerly a Brown Mayer partner who represented Refco was sentenced to seven years in jail for assisting Refco's financial fraud. . . . . The criticism of Professor Gruber's non-disclosure of his contract with the Obama administrations Department...

Supreme Court Agrees to Hear Another Fee-Shifting Statute Case

Posted on January 15, 2010
Today the Supreme Court added to its lawyering lineup a third case involving the award of attorney fees under a fee-shifting statute. This brings the grand total to 14 lawyering cases granted certiorari so far this term. In Hardt v....

odds and ends (January 14, 2010)

Posted on January 14, 2010
How should we apply income disclosure laws to politicians who are also lawyers? Should exceptions be made to accommodate concerns about confidentiality and privacy? New Yorkers, including our own Steve Gillers, are weighing in. . . . . The Seventh...

odds and ends (January 13, 2010)

Posted on January 13, 2010
Biglaw hit with big malpractice suit. . . . . Registration now open for International Legal Ethics Conference IV, at Stanford, July 15-17. . . . . Class action fee of $2 million breached ethics rules, reports the ABA Journal....

Supreme Court Releases Another Lawyering Opinion Today

Posted on January 12, 2010
The Supreme Court released its opinion in Smith v. Spisak today. The Court unanimously reversed the Sixth Circuit's decision to grant death row inmate Spisak's federal habeas petition. (As background, Spisak was convicted in 1983 of three murders and two...

John Yoo on the Daily Show

Posted on January 12, 2010
The video is below. The ABA Journal's coverage is here. The Daily Show With Jon StewartMon - Thurs 11p / 10cDaily Show: Exclusive - John Yoo Extended Interview Pt. 1www.thedailyshow.com Daily Show Full EpisodesPolitical HumorHealth Care Crisis

Big malpractice claim against biglaw is tossed

Posted on January 11, 2010
New York Attorney Malpractice Blog has the details.

Two thoughts on Qualcomm II

Posted on January 11, 2010
On Wednesday former outside counsel for Qualcomm will have their second opportunity to show cause why they should not be sanctioned for discovery failures in patent litigation against Broadcom. If I read the captions correctly, the court has set aside...

A different take on the GAO's recent report on law school costs

Posted on January 10, 2010
A little while back there was some blawgosphere discussion about the GAO report that blamed US News & World Report for the increasing cost of law school. (Since then, we've received news of a report showing that increased costs inhibit...

LA Times follow up story about the murder of Jeffrey Tidus

Posted on January 10, 2010
We previously reported the murder of Jeffery Tidus, an LA lawyer specializing in legal ethics and professional liability. Here's the follow up story from the LA Times, which says, "Jeffrey Tidus, shot in the head in his driveway last month,...

Any legal ethics types in London want to grab some coffee and discuss legal ethics?

Posted on January 08, 2010
I'm in London for a few days, and if you're a legal ethics type who'd like to talk legal ethics over coffee, shoot me an email at steele.john -at- gmail.com Nothing better than a busman's holiday.

Florida firm competing in "beauty contest" is target of anonymous critics

Posted on January 08, 2010
(Nod to Walter Olson at Point of Law) In the course of a contest to become lead plaintiffs counsel, a Florida firm was the target of anonymous allegations. Have law firms sued other law firms (or lawyers) for trade defamation?...

around the web: SoL on the torture memos?; Arizona on clients' online access to documents; etc.

Posted on January 08, 2010
Firedoglake claims that the eight year statute of limitations under the Federal Torture Statute will soon expire for claims based upon the torture memos. . . . . Aero-News Net complains that media and lawyers are jointly responsible for "aero-legal...

David Wilkins on the Corporate Attorney/Client Relationship

Posted on January 08, 2010
Harvard's David Wilkins has posted a 100-plus page book excerpt entitled Team of Rivals? Toward a New Model of the Corporate Attorney/Client Relationship. The piece will be appearing in an Oxford University Press publication later this year. This is an...

Will Congress overturn Stoneridge and create "aiding and abetting" liability for securities frauds? (Biglaw would be a big target)

Posted on January 06, 2010
You may recall that the US Supremes, in the Stoneridge decision, shut down an expansive theory of aiding and abetting liability that would have been used to sue law firms when their clients committed securities fraud. George Conk, Kevin LaCroix,...

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