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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

Rebecca Aviel on "Resolving Confidentiality Conflicts," and Northern Kentucky University symposium on ethics and e-discovery.

Posted on December 07, 2009
NKU devoted an issue of its law review to "Navigating the Changing Ethical and Practical Expectations for E-Discovery." Rebecca Aviel writes on a topic I've been following: the proliferation of federal statutes that over-ride or modify the legal ethics rules...

from other sites . . . .

Posted on December 06, 2009
Ralph Nader excoriates law schools and some UConn profs, including PR prof Paul Chill, defend the school's approach. (Btw, Nader argues that law schools need to explain to students that Delaware corporate law dominates because it protects corporate interests...

Letter to Editor of Washington Lawyer

Posted on December 05, 2009
I was disappointed in Leonard Becker?s attitude of acceptance, or resignation, with regard to the failings of defense lawyers, prosecutors, and judges in the administration of criminal justice. (Review of Amy Bach, Ordinary Justice). For over forty years, every authoritative...

Experimental Exam Format - Instructions

Posted on December 04, 2009
Excerpts from three videotapes that we have seen in class are posted at http://www.hofstralawit.org/videos/faculty_monroe-freedman/. The final exam will be based on the facts of one these excerpts. You will be expected to know these facts; they will not be repeated...

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Virginia bar debates draft ethics opinion regarding sexual relationships with clients

Posted on December 04, 2009
Story here.

DOJ files amicus brief supporting John Yoo's appeal

Posted on December 04, 2009
Dave Hoffman, at Concurring Opinions has the story, and he analyzes footnote 1 of the brief, which attempts to finesse the complications arising from the pending DOJ report on Yoo. The brief is here.

A question from a public defender

Posted on December 03, 2009
I received the following question from a public defender in Texas. I told him I would pose his question here. Does anyone know of any articles, etc.? "This past summer I tried a criminal case in federal court. After the...

WSJ Blog on "How the U.S. News Rankings Have Changed Law School"

Posted on December 03, 2009
Post here.

From other sites . . . new cases on ineffective assistance

Posted on December 03, 2009
Over at Volokh, Adler discusses the Supreme Court's recent cases on ineffective assistance and over at the Legal Profession Blog, Mike Frisch notes a Maryland case dealing with ineffective assistance in a child custody suit.

Biting the Hand that Feeds You?

Posted on December 02, 2009
The legal profession?s history is littered with examples of protectionism. Bar associations have tried to limit the work of out-of-state attorneys through restrictive multijurisdictional practice rules. They?ve tried to protect established attorneys through unnecessarily strict advertising rules...

A Peek Inside BigLaw De-Equitization

Posted on December 02, 2009
This complaint, filed by a Seyfarth partner after his de-equitization, wears its biases on its sleeve, but is nonetheless interesting as a peek into firm politics, economics, and how the de-equitizations occur. The story is being covered lots of places,...

"Third Party Litigation Funding Takes Off"

Posted on December 02, 2009
Interesting article by Leigh Jones of the National Law Journal, about the state of the art and possible developments in litigation funding.

California Supreme Court gets it right in the much-awaited Costco case

Posted on December 01, 2009
Opinion here. News account here. The trial court had a referee review a privileged opinion letter line by line to see which portions should remain privileged. Many of us in California wondered how the lower courts could err so badly,...

Follow Us on Twitter

Posted on December 01, 2009
The ABA Magazine mentioned that 70% of the blogs on its "Best Blawgs" list have twitter feeds. We shouldn't be left out of the fun, so here's ours.

Patently-O: "Blocking Attorneys from Simultaneously Litigating and Prosecuting Patents"

Posted on December 01, 2009
From Patently-O, Interesting development in the Second Circuit, where a district court denied a company's request for a so-called "prosecution bar" protective order, that is, for an order that the adversary's litigation counsel be barred from prosecuting patents for the...

Court Hears Argument Today About Attorney Advice and Advertising

Posted on December 01, 2009
The Supreme Court hears argument today in Milavetz, Gallop & Milavetz, P.A. v. United States, a case challenging a provision of the Bankruptcy Abuse Prevention and Consumer Protection Act that prohibits attorneys from offering advice to incur more debt in...

ABA Blawg 100

Posted on November 30, 2009
We're delighted that we've been named to the ABA Magazine's list of the top 100 law-related blogs. That's our third year in a row, which I am told is an all-time record. (Yeah, I know. The list has been around...

Review of Markovits Book

Posted on November 30, 2009
Abbe Smith and I will be publishing a review of Daniel Markovits's A Modern Legal Ethics in the Michigan Law Review. Here is an abstract of the review, which is titled, Misunderstanding Lawyers' Ethics: The authors argue that Daniel Markovits's...

Disciplinary Complaint Against Torture Memo Lawyers

Posted on November 30, 2009
WASHINGTON, Nov. 30 /PRNewswire-USNewswire/ -- On Friday, November 27, 2009, Disbar Torture Lawyers, www.disbartorturelawyers.com, a group of NGOs representing over a million members, filed complaints with the Washington, D.C. Board of Professional Responsibility requesting disbarment of Bush Administration attorneys John...

New articles on absolute judicial immunity and the "Civil Gideon" movement

Posted on November 30, 2009
Article here about the Civil Gideon movement, by Paul Marvy and Laura Abel. Abstract: Around the country, state and local bar associations, access to justice commissions, and local advocacy groups are working to expand the right to counsel in their...

Rachel Lee: "Ex Parte Blogging: The Legal Ethics of Supreme Court Advocacy in the Internet Era"

Posted on November 29, 2009
This student article examines the pretrial publicity rule and the ex parte communication rule in the context of blogging and other internet communications pertaining to pending Supreme Court cases. Although I'm not persuaded that we need new ethics regulation on...

Criminal charges against criminal defense lawyer Ben Kuehne are dropped

Posted on November 29, 2009
Story here. Some of the background is available in this 11th Circuit opinion, discussed here, affirming the trial court's dismissal of one of the charges against Kuehne. Kuehne had been hired by legendary defense lawyer Roy Black to provide an...

David Post: "Are Judges Really Immune when Taking Kickbacks?"

Posted on November 28, 2009
Perhaps you recall the recent case of the Pennsylvania judges who were paid cash rewards for sending teens to a juvenile detention center. David Post comments on the prospect that the judges will be absolutely immune from civil suits for...

Michigan Supreme Court Adopts New Judicial Disqualification Rule

Posted on November 27, 2009
The Michigan Supreme Court issued an order adopting a new rule for judicial disqualification earlier this week (late afternoon on Thanksgiving eve, as one dissenting justice notes). The rule explicitly incorporates the recent U.S. Supreme Court decision Caperton v...

Judge Bybee sets up legal defense fund

Posted on November 27, 2009
Judge Jay S. Bybee, who wrote "torture memos" while at the Office of Legal Counsel and who now sits on the Ninth Circuit, has created a legal defense fund. Here is a letter to Judge Bybee from the Committee on...

Confirmation of debt disqualification

Posted on November 27, 2009
The disqualification of an applicant for admission to the NY bar based on his level of debt and his dealings with lenders was confirmed by the Court today. See story here. I had commented on this story earlier (here). My...

Uniform Bar Exam in the News

Posted on November 27, 2009
Interest in a uniform bar exam is increasing, according to the USA Today. The story notes that the issue got considerable attention at a recent bar examiners conference in Phoenix. I had two reactions to the story. First, I think...

Michelle Gallant: "Uncertainties Collide: Lawyers and Money Laundering, Terrorist Finance Regulation"

Posted on November 25, 2009
Article by Michelle Gallant. Abstract: The tasking of Canadian lawyers with anti-money laundering, anti-terrorist finance obligations is a project fraught with uncertainty. It is not clear that the strategy of pursuing criminal finance, the underlying reason for the conscripting of...

Three great sites: California Attorney's Fees; New York Attorney Malpractice Blog; Freivogel on Conflicts

Posted on November 25, 2009
You may already know these speciality sites, but I thought I'd mention: California Attorneys Fees. New York Attorney Malpractice Blog, and the incredibly useful Freivogel on Conflicts.

Zealous advocacy for accused terrorists

Posted on November 23, 2009
Story here. Criminal defense lawyers for the accused terrorists who will be tried in NYC are saying that their clients will plead not guilty so that they will have more opportunities for criticizing the United States. In response, Dean Boyd,...

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