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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

DOJ Office of Professional Responsibility to open investigation in controversial settlement of voter intimidation case

Posted on September 10, 2009
Story here. I can't tell if the investigation is pro forma because a Congressman asked for it, or if there is a more serious investigation underway.

Alice Woolley, "Imperfect Duty: Lawyers' Obligation to Foster Access to Justice"

Posted on September 10, 2009
Our very own Alice Woolley has this paper out. Abstract:Access to justice is an integral component of the legal system. However, the question of upon whose shoulders the obligation of ensuring this access should fall has been widely debated. In...

What is the justification for an attorney-client privilege for large corporations?

Posted on September 09, 2009
In class today, we discussed Upjohn and other cases variously defining the scope of the attorney-client privilege for corporations and other entities. One question that arose is whether there is any justification for any privilege? I distinguish the Ma and...

Ethics course as professional discipline

Posted on September 08, 2009
Our provincial regulator has recently required a lawyer to take an ethics course at our law school as a condition of readmission into practice. Is this a usual practice in your jurisdiction? How does your law school deal with this?...

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The Broadcom/Irell Privilege Question

Posted on September 07, 2009
Prompted by Brad's post I have looked more closely at the district court order in the Broadcom matter. It presents several interesting issues and I have drafted an amicus brief addressing them. The brief takes issue with the proposition that...

Federal judges moving to force more disclosure by prosecutors?

Posted on September 04, 2009
Unfortunately, this article by The American Lawyer's reporter Mike Scarcella is behind a registration wall, but he reports that a number of federal judges are urging an amendment to the Federal Rules of Criminal Procedure, which would force prosecutors to...

Perlman vs. Richmond on 5.2's silliness

Posted on September 03, 2009
In the new issue of The Professional Lawyer, be sure to check out the debate about Rule 5.2 between Andy Perlman and Doug Richmond -- a debate that originated here on LEF. (And if you're interested in legal ethics and...

Ninth Circuit creating ombudsman program for complaints about judges

Posted on September 03, 2009
Unfortunately the story is behind a registration wall, but the Ninth Circuit is rolling out an ombudsman program by which practitioners could discreetly raise issues about a judge's behavior or temperament.

Dina Mishra on conflicts of interest for municipal lawyers in �1983 cases

Posted on September 03, 2009
How can the muni lawyer represent the municipality and the official who allegedly violated the plaintiff's rights? Article here. Abstract: In many cases, municipal attorneys defend both a municipality and a municipal official against � 1983 claims. Some defenses available...

Bill Henderson on "drawing the right lessons from the bleak entry-level legal job market"

Posted on September 03, 2009
Over at Legal Profession Blog, Bill Henderson focuses on how the academy should respond to the changing market conditions. Worth reading.

9th Cir. Looking for Guidance on Attorney-Client Privilege

Posted on September 03, 2009
LEF readers may remember Andy's post with the excellent title, "Irate at Irell." The post linked to a district court decision from the C.D. Cal. excoriating Irell & Manella for breaching its duty of loyalty to a corporate officer during...

Massachusetts Drops Controversial Proposal Regarding Judicial Law Clerks

Posted on September 02, 2009
The proposal, which was floated in June, would have enabled the state courts to get free law clerk assistance from highly qualified recent law school graduates. The catch? The clerks would have been getting compensated by law firms that had...

Ethics and law school promotional claims

Posted on September 02, 2009
The WSJ law blog and the NYT Deal Book discuss the economics of attending law school, and suggest that perhaps some schools aren't being accurate in their promotional claims -- a topic this blog was discussing over four years ago....

Jane Yakowitz looks at what happens to JDs who fail the bar.

Posted on September 02, 2009
Interesting question on which there hasn't been much written. Abstract: What happens to law school graduates that fail the bar exam? This invisible population makes up a significant portion of the graduating law school classes, but we don't know anything...

Florida State Bar may want access to applicants' Facebook pages

Posted on September 01, 2009
This story is flying around the blawgosphere. The ethics rules require a strong version of candor when applying for the bar, and bars can demand that you provide all sorts of information, but this gives me the creeps. Among other...

Banning internet use in PR class, because it doesn't prepare students for the real world?

Posted on September 01, 2009
"You can't use internet in class, because you can't surf the web during important real world meetings. I'm preparing you for the real world." *Sigh*.

Ethics Charge in D.A. Race

Posted on September 01, 2009
As everyone in NYC knows, and many outside it, there is a fierce battle for the Democratic nomination for Manhattan D.A. Robert Morgenthau is stepping down at age 90 after 34 years. The candidates are Richard Aborn, a former Manhattan...

Fraud in trademark prosecution not satisfied by finding of "should have known better"

Posted on August 31, 2009
Patently O has the story. Opinion here. Appellant's counsel was Chuck Hieken, a true gentleman and consummate IP lawyer.

Odds and ends (August 31, 2009)

Posted on August 31, 2009
On Wednesday, the California Supreme Court will hear argument in Costco Wholesale v. Superior Court, perhaps the most important case on attorney client privilege in California in decades. Costco's lawyers had written a lengthy and dense opinion letter to Costco,...

Justified regulation of civility?

Posted on August 31, 2009
While I have not been a great fan of civility movements in professional discipline, even I have to acknowledge the legitimacy of professional discipline for the Toronto lawyer, Julia Ranieri who, after a verbal disagreement with a client who wished...

The Hedgehog, the Fox, and the Law Schools

Posted on August 28, 2009
In his column today surveying Edward Kennedy's Senate career in 900 words, David Brooks contrasts the visionary and (to Brooks) radical agenda Kennedy articulated at the 1980 Democratic convention with his pragmatism (and therefore successes) in the ensuing decades...

Living in FL, Practice in MD and DC, $100M p/a for 30 minutes per day

Posted on August 28, 2009
Yes, you read that correctly. The ABA Journal is featuring "legal rebels" both on its web site and in the September issue. One such is Richard Granat, who now lives in Florida (age 69). He is profiled as a man...

Cookies on LEF

Posted on August 28, 2009
I just logged onto LEF (for some extremely interesting discussion), and then found that my computer had accumulated four cookies that I don't want. Anyone concerned about potential adware and spyware might want to check under tools, options, and security/privacy...

California adopts insurance disclosure rule, effective January 2010

Posted on August 27, 2009
Here's the order and the new rule 3-410, which was hotly debated. Congrats to many, including Jim Towery, who worked on this issue for many years. Download 3410

Anita Bernstein -- Pitfalls Ahead: A Manifesto for the Training of Lawyers

Posted on August 27, 2009
SSRN page here. Abstract: Entrants joining the legal profession are entitled to fair warning about what they are getting into. Accounts of lawyers' heroism, triumph, and reformist energy continue to inspire young people to pursue this profession, and they should...

Is the SEC targeting a biglaw partner in a securities fraud case?

Posted on August 27, 2009
The WSJ law blog is carrying the story. You may recall that the lawyer, a partner at Proskauer, attended an SEC interview with an officer of his client and gave what I consider to be an ambiguous answer when asked...

Microsoft lawyer's appellate brief addresses $40 million enhancement (partially) for litigation conduct

Posted on August 27, 2009
Starts at p. 73. Overall the brief firmly asserts error below. I find its tone to be well within ethical limits, but it doesn't pull punches -- especially pages 1-5.

The ABA's 20/20 Commission

Posted on August 26, 2009
The charge to the ABA's new 20/20 Commission is expansive. This is from the press release: ?Technological advances and globalization have changed our profession in ways not yet reflected in our ethics codes and regulatory structure. Technologies such as e-mail,...

Is there a "canon" of legal ethics video clips?

Posted on August 26, 2009
This afternoon in my PR class, I am going to show the 60 Minutes story on Alton Logan, which is the best vehicle I have found for helping students appreciate the stakes of the confidentiality rule. I do not show...

Can the mayor waive privilege?

Posted on August 26, 2009
Interesting story out of San Francisco, where the mayor leaked a privileged legal memorandum from the City Attorney's office. Who has the right to waive privilege? And if that includes the mayor, is waiver proper only in certain ways and...

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