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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

Young lawyer spends 1,200 hours exposing lawsuit scam operation; scammer gets 14 year sentence

Posted on January 08, 2011
A family-run towing company used fraudulent lawsuits to build a lucrative stream of income. The victims were working class people who kept telling the commissioner that the suits were bogus. Eventually, the scammer sued an insurance company and a young...

Alexandra Lahav wins the First Annual Fred Zacharias Scholarship Prize

Posted on January 08, 2011
During yesterday?s AALS PR Section Lunch Alexandra Lahav, Professor of Law at the University of Connecticut, received the First Annual Fred Zacharias Scholarship Prize for her article Portraits of Resistance: How Lawyers Respond to Unjust Proceedings, 57 UCLA L...

Slightly Delayed Live-Blogging of the AALS PR Section Program Lawyers? Special Responsibilities as Public Citizens in a Rapidly Changing World

Posted on January 08, 2011
As promised, here is a recap from the AALS PR Section Program that took place yesterday morning. I didn?t have access to Internet at the time, and then I found myself wanting to think a bit more about the presentations,...

AALS Today

Posted on January 07, 2011
If you're in San Francisco for AALS today, head over now to the Section on PR Program Lawyers' Special Responsibilities as Public Citizens in a Rapidly Changing World. The line up looks fantastic, including LEF's own Rob Vischer as well...

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David Trager, Hammad, Simels, and a Judicial Opportunity

Posted on January 07, 2011
US District Court Judge David Trager, who died yesterday at age 73, was US Attorney in the EDNY when the 2nd Cir., per Judge Irving Kaufman, issued an opinion and then thrice revised opinions in the Hammad case. Essentially, Hammad...

The Gucci Case

Posted on January 06, 2011
SDNY District Judge Shira Scheindlin has overturned the magistrate judge's rejection of privilege in the Gucci case. Quite right. (Also, I avoid embarrassment because I've been critical of the magistrate judge's opinion at numerous CLEs and predicting reversal...

Top Ten list coming Monday

Posted on January 06, 2011
I've gotten inquiries about it and wanted everyone to know it's going to be published Monday.

Judge Reinhardt's Recusal Opinion in the Same-Sex Marriage Case

Posted on January 04, 2011
The opinion (here) makes for unusually good and interesting reading. Here is a taste: My wife?s views, public or private, as to any issues that may come before this court, constitutional or otherwise, are of no consequence. She is a...

The Clients of Lanny Davis

Posted on January 04, 2011
Lanny Davis is a prominent lawyer and lobbyist who served in the Clinton White House and as an appointee of President George W. Bush on the Privacy and Civil Liberties Oversight Board. Davis is the author of a highly acclaimed...

Drunken Associate Alert.

Posted on January 04, 2011
A big firm associate walks into a bar, and lets everyone know she's a big firm associate, despite apparently being a boor. Read the story here.

Autocomplete in E-mail Program Causes Misdirection: Court Disqualifies Recipient Lawyers

Posted on January 03, 2011
Monroe, you'll hate this, I predict, since the court disqualified lawyers who used misdirected e-mails against the sender. It's got some twists and turns, but it's basically your "I thought I was sending it to my client but it went...

Legal Ethics Items (January 3, 2011)

Posted on January 03, 2011
NYT offers a "cautionary tale for lawyers who invite in documentary filmmakers to tell the story of their legal fights" From JD Supra: Legal Professionals Look Back on 2010 and Ahead to 2011 Legal Theory Blog lists Downloads of the...

Much Ado About Nothing: Getting Paid by BP to Give Ethics Advice to Kenneth Feinberg

Posted on December 31, 2010
We previously blogged about the interesting ethics issues associated with Kenneth Feinberg's administration of the BP compensation fund (here and here). Not surprisingly, Mr. Feinberg sought out legal advice regarding some of these issues and hired NYU Professor (and co-blogger)...

White Collar Crime Prof Blog awards its "Collars" of the Year

Posted on December 31, 2010
It's a fun read.

Washington Post looks at impact of Padilla v. Kentucky

Posted on December 30, 2010
Story here. (h/t: Indiana Law Blog) I think that everyone expected the decision to lead to a flurry of immediate appeals from non-citizens in jail, but it will take a while to see how it affects plea bargaining with non-citizens.

Re-elected Judges and Due Process

Posted on December 30, 2010
Bob Vander Plaats, who heads the group Family Leader, led efforts that resulted in the removal of three Supreme Court justices in the November midterm election, for their role in a unanimous decision legalizing same-sex marriage He said that vote...

Firm's Managing Partner Disciplined for Failing to Supervise

Posted on December 30, 2010
You don't see these that often; here is an opinion from the Arizona Supreme Court in In Re Phillips. The fellow had been the subject of prior investigations and orders, and so it wasn't a first offense, but still it...

Power and Justice

Posted on December 29, 2010
I am reading with great pleasure Ludwig Lewisohn's sequel to The Merchant of Venice, titled, The Last Days of Shylock. In it he describes the Doge and his Council, who had recently consigned the Jews to the Ghetto. The description...

63 pages of corrections to the client's depo testimony?

Posted on December 29, 2010
Howard Bashman, at How Appealing, has news of an Eleventh Circuit opinion affirming sanctions against an attorney who filed a 63-page sheet of corrections to a deponent's testimony. Opinion here.

IP Ethics Cases, News or Trends in 2010 and Beyond?

Posted on December 29, 2010
Mercedes Meyer and I have been asked to do a second edition of our book on ethical issues in patent prosecution (available at bookstores everywhere! ;-)). I'm expanding it tremendously but don't want to overlook any recent trends, cases, etc....

Legal Ethics Items (December 29, 2010)

Posted on December 29, 2010
Olsen v. Harbisen (California): "Litigation privilege barred attorney's claims of fraud and deceit against associated counsel" Disciplinary Counsel v. Pullins (Ohio): Suspended on Christmas Eve's Eve. Ouch. Conduct included "filing of false and disrespectful statements regarding two judges in affidavits...

Whatever happened to the rule of necessity?

Posted on December 29, 2010
At the Lectern has been following the en masse recusal of the Supreme Court of California in a case dealing with the sale of the building in which the court sits. Seven temporary justices were appointed to handle the matter.

Legal Ethics Items (December 28, 2010)

Posted on December 28, 2010
Blogging was slow in December, but I hope to return to normal speed in the new year. Because of the holidays, a lot of the news regarding legal ethics and the legal profession is from overseas. "Jordan's Female Attorney General...

Your suggestions on what to include in Top Ten Ethics Stories of 2010?

Posted on December 27, 2010
I've just about finalized my list and am drafting it now, but this year I thought I'd also run a Condorcet poll to see what our readers think the top stories were. Here's some of the topics I've been considering....

Best practices at OLC

Posted on December 27, 2010
John Elwood, at Volokh, looks at changes to the suggested best practices at OLC.

Some stats about women judges in the US

Posted on December 27, 2010
On the Issues has a story. Many of the key stats hover around the 30% mark -- which is essentially the percentage of lawyers in the US who are women. (h/t: Feminist Law Professors)

Atlantic Richfield seeks cert regarding the use of contingency fee lawyers for the government

Posted on December 27, 2010
Story at Point of Law. The California courts have OK's a county's use of contingency fee lawyers to pursue a nuisance abatement action, and Atlantic Richfield is not seeking cert.

Legal Ethics Quote of the Year

Posted on December 24, 2010
I'm drafting my annual "Top Ten Legal Ethics Stories" post (here's last year's list with links to all prior years), and as an amuse bouche I'll declare that the top legal ethics quote of the year to be Justice Scalia's...

NYT editorial on Justice Scalia's planned speech to the Conservative Constitutional Seminar

Posted on December 24, 2010
Here's the editorial, which is part of a sustained effort by the NYT to address judicial ethics. The paper's argument rests upon its determination of which political positions are politically "extreme" and which aren't and, we are told, the Tea...

Consistency needed in application of judicial ethics?

Posted on December 24, 2010
Story from the Washington Post. (h/t: How Appealing)

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