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Ethics

Legal Ethics Forum

Covering Legal Ethics

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

Around the web; Katyal argues against detainees; OPR complaint; top changes in the legal profession

Posted on January 06, 2010
Politico reports that Neal Katyal, who successfully argued Hamdan v. Rumsfeld for Guantanamo detainees, will argue for the federal government against detainees held at the Bagram Air Base in Afghanistan. . . . . Paul Caron posts about a complaint...

Follow-up on Pautler

Posted on January 06, 2010
One of my students posted the following on TWEN: The question is -- will Mr. Paulter remain President of the local bar? FIRST JUDICIAL DISTRICT BAR ASSOCIATION Geographical Area: Jefferson and Gilpin Counties Number of Members: 787 President: Mark C....

Doctors' Ethics

Posted on January 06, 2010
I had another annoying encounter with a doctor who made a sarcastic comment when I mentioned that I teach Lawyers? Ethics. In fact, it?s past time for the doctors to adopt ethical rules comparable to lawyers?. Lawyers agonize over cases...

Odd allegation in cash-for-kids scandal: sentencing by ornithomancy

Posted on January 06, 2010
We've previously discussed the cash-for-kids scandal, in which judges accepted per capita kickbacks for sending juveniles to detention. The WSJ blog reports a new allegation that one of the judges once decided the sentence for a juvenile by asking the...

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New study on decreasing diversity is disappointing but not surprising

Posted on January 06, 2010
Article here, about a new study from Columbia Law School. Although the total number of law school students increased from 1993-2008, the total number of Latino/a and African-American students dropped slightly, reducing the ratio from 9.5% to 8.7%. According to...

Details on the new New Jersey CLE requirements

Posted on January 05, 2010
Press release here; rule here. Ethics are required. (Thanks to George Conk, who is an Adjunct Professor teaching, among other things, legal ethics at Fordham and who has his own blog.)

Carole Silver: Georgetown Conference Announcement and New Article

Posted on January 05, 2010
Carole Silver sends along news of an important conference at Georgetown on March 21-23. LAW FIRM EVOLUTION: BRAVE NEW WORLD OR BUSINESS AS USUAL? A Conference Sponsored by the Center for the Study of the Legal Profession Law firms have...

Scott DeVito: "Justice and the Felonious Attorney"

Posted on January 05, 2010
Article here. Abstract: In this article, I analyze recent case law in which applicants for admission to their State bar with prior criminal records were denied admission because the applicant was unable to demonstrate that he/she had good present moral...

Ellen Podgor analyzes (and critiques) the new DOJ policies for providing discovery

Posted on January 05, 2010
She likes some it, but wants some more improvements. The DOJ blog, with links, is here.

AALS This Week

Posted on January 05, 2010
For those of you attending AALS in New Orleans this week, I hope to see you at a panel I'll be moderating, The U.S. Supreme Court's Increased Attention to the Law of Lawyering During the 2009-2010 Term: Mere Coincidence or...

Thanks for votes in the 2009 ABA Journal Law Blog 100

Posted on January 04, 2010
It looks like the voting and counting is over, and the Volokh juggernaut powered its way to a win in our category. We're grateful for having been nominated, for the votes we received, and for our respectable finish in a...

"The Woman Who Will Represent Abdulmutallab"

Posted on January 04, 2010
The WSJ blog profiles Miriam Siefer.

Prosecutorial Deception During Investigations

Posted on January 04, 2010
There are a lot of cases (e.g., In re Paulter) and scholarly articles (e.g., Doug Richmond's piece here) concerning the extent to which a prosecutor can mislead a suspect during a criminal investigation. But since Paulter, I haven't seen a...

Prosecutorial Misconduct Case on Supreme Court's Docket Dismissed

Posted on January 04, 2010
As reported by SCOTUSblog's Lyle Denniston earlier this afternoon: False testimony case dismissed A case testing the immunity of prosecutors to damage lawsuits for obtaining and using false testimony ended in the Supreme Court Monday, with the two sides agreeing...

David Hricik's book, Patent Ethics (Prosecution), now available

Posted on January 03, 2010
Get it while it's hot. It's co-authored by Mercedes Meyer of the Drinker Biddle firm.

Op-Ed on Unbundling and Pro Se Litigation

Posted on January 02, 2010
The Chief Justices of California and New Hampshire published this op-ed in today's New York Times. They endorse the trend towards unbundling and encourage other innovations to increase access to the civil justice system. It's a good primer on the...

Corporate Fraud Protected in MR 1.13

Posted on January 02, 2010
Abbe and I are working on the 4th edition of ULE, and would appreciate some help on our discussion of MR 1.13. The discussion begins: Those who have long lobbied for exceptions to lawyer-client confidentiality to protect third parties from...

Judge tosses another federal criminal prosecution -- Blackwater

Posted on January 01, 2010
Post at Volokh. Opinion here. Is it just me, or have we seen an extraordinary number of tossed federal criminal prosecutions this year?

The Situationist: The Situation of Legal Ethics

Posted on January 01, 2010
The Situationist blog has this collection of posts related to the "situation of legal ethics." More generally, the site aims to critique the prevalent assumption that humans are rational actors and it suggests that within "the situation" there are causal...

The ABA and outcome assessments, including in ethics

Posted on December 31, 2009
The ABA has a draft of it "outcomes assessment" standards. (The existing standards are here.) In general, I'm a big fan of the concept, but who knows how the ABA and the schools will implement it. Ethics are prominently discussed...

New Jersey imposes CLE requirement, including ethics CLE

Posted on December 31, 2009
Story here. I'd be curious to know what approach NJ is taking. From my experience, states that require CLE vary widely in their focus on the needs of lawyers, the needs of bureaucrats, and the needs of the local state...

Law School 2040

Posted on December 31, 2009
If water coolers exist in 2040, one of them might be a backdrop for this conversation: Junior Faculty 1: Did you hear that Perlman is retiring? JF2: I heard. Too bad. He?s a nice guy. JF1: Yeah, he?s nice. But...

Second Circuit rejects suit by detainees' lawyers to obtain records of intercepted phone calls

Posted on December 31, 2009
Opinion here. Story here. The lawyers wanted to know if the federal government had intercepted privileged phone calls.

Choi, Johnson-Skinner, Pritchard: "The Price of Pay to Play in Securities Class Actions"

Posted on December 29, 2009
Article here. (not to Legal Theory Blog) Abstract: This paper studies the effect of campaign contributions to lead plaintiffs ? ?pay to play?? ? on the level of attorneys? fees in securities class actions. We find that state pension funds...

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