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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

Burn your law school diploma!

Posted on October 31, 2008
It's probably not the first step I would take on my path toward a simpler life, but who am I to second guess the effectiveness of someone else's public catharsis?

Posted on October 28, 2008
Do lawyers slip the surly bonds of self interest when they work for free? Does the logic of agency and agency cost evaporate? Chief Judge Jacobs of the Court of Appeals for the Second Circuit thinks not. (Download 20081023_DJProBonoSpeech.pdf). Dean....

Guantanamo detainee and his appointed lawyer boycott proceeding

Posted on October 28, 2008
Story here. "I will be joining Mr. Al-Bahlul's boycott, sitting silently at the table," the military lawyer said.

Welcome to Our Newest Guest Blogger, Professor Tanina Rostain

Posted on October 27, 2008
Professor Tanina Rostain has joined us as our newest guest blogger. Her first post appears below. Welcome Tanina!

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An American Law School in China

Posted on October 27, 2008
A short while back, I had the opportunity to hear Jeff Lehman, former dean of Michigan Law School and president of Cornell University, describe his current project: an American-style law school under the aegis of Peking University in Shenzhen, China....

Your favorite PR text, and why?

Posted on October 27, 2008
John Flood has posted a query at Legal Profession Blog, asking for opinions about PR texts. If you have a view, you might want to comment there. Below the fold I will repeat my earlier list of generalized PR texts....

WSJ: "Tribunal Supervisor Investigated for Abuse of Power at Gitmo"

Posted on October 27, 2008
Story here.

Default Judgment for E-Discovery Abuse, Spoliation

Posted on October 23, 2008
There's an article here about Gutman v. Levy, reportedly the first case in the Second Circuit entering default judgment for e-discovery abuse and e-spoliation. If you haven't been involved in e-discovery battles, the case is an eye opening read, both...

Kerfuffle alert: Erwin Chemerinsky, Judge Jacobs, and pro bono work

Posted on October 23, 2008
When I read Erwin Chemerinsky's spirited defense of pro bono work and attack on Chief Judge Jacobs of the Second Circuit, I wondered if the article had correctly captured what Judge Jacobs actually said. Now comes news that perhaps the...

Privilege Issues for Tax and Regulatory Work Product

Posted on October 22, 2008
Dennis Ventry (UC Davis) has published ???Protecting Abusive Tax Avoidance,??? which explores the application of privilege (attorney-client, work product, and tax-practitioner/client) in both the tax and regulatory contexts. The article provides a detailed discussion of the development of the work...

Our First Guest Blogger, Professor Dennis Ventry

Posted on October 22, 2008
We've signed up our first guest blogger, Professor Dennis Ventry, who is already blogging below about his new article on privilege issues for tax and regulatory work product. Welcome Dennis!

Invitation to Guest Blog

Posted on October 21, 2008
We're creating a rotating guest blogger slot for people who are interested in joining us for a short period of time, say a week or a month (whatever suits you). You can blog about a new article/book, a work in...

I knew this would happen someday: Patent Conflict Case

Posted on October 20, 2008
Baker Daniels was representing a patentee, and the patent that issued covered another client's product, and then B&D sued the other client, at least according to the allegations in this article (registration required.) Obviously, suing a current client is adverse,...

Duty to Inform Former Client of Malpractice?

Posted on October 20, 2008
Plenty of authority holds you most notify a current client if you discover you have committed malpractice. What about a former client? For example, suppose you err in calculating interest owed on a claim your client won, so your client...

Pool: Guess the course that predicts biglaw success

Posted on October 18, 2008
Andy Perlman wrote about the new consultant's study on the factors that lead to long-term success at biglaw. The news story had a teaser: success at certain undisclosed course(s) was an accurate predictor of success, according to the consultant. I've...

Innovative Law Firm Hiring

Posted on October 17, 2008
Last year, I complained that large law firms generally do a poor job of predicting which law students have the skills and personality to thrive in a large firm. The issue is significant because 80% of large law firm associates...

Poll-Watchers Needed

Posted on October 15, 2008
If you are interested in being a poll-watcher, an email address to sign up is:my.barackobama.com/counselforchange

An Intriguing Aspect of Judicial Ethics

Posted on October 13, 2008
The following is a note in my Contracts materials. I'd be interested in any comments. More on Judicial Realism, Judicial Legislation, and ?Romantic Judging? With regard to ?judicial legislation,? Justice Antonin Scalia has observed: ?Not only do state court judges...

Legal Education and the Economic Crisis

Posted on October 13, 2008
Like many people, I've been thinking about how the economic crisis will affect my industry (in my case, legal education). From what I can tell, law schools will weather the storm reasonably well, but there are at least three plausible...

Henry Noyes on the increasing federaliziation of legal ethics

Posted on October 10, 2008
Article here. Noyes focused on the new Rule 502. The other trend is the burgeoning use of federal agency power to regulate lawyers. While those agencies have always had power to regulate lawyers appearing before them, we've seen the SEC,...

Heller Dissolution Plan

Posted on October 09, 2008
Posted here by Above the Law. Fascinating stuff if you find biglaw governance fascinating (which, sadly, I do).

Freedman, Perlman, and Hricik Set to Party in Macon

Posted on October 08, 2008
That will get you to read this... On November 7, the Mercer Law School will host the 9th annual Georgia Symposium on Professionalism and Ethics. The topic for this years symposium is ?Ethics and professionalism in the Digital Age.? There...

Law Firms to Associates: Don't Panic

Posted on October 08, 2008
There's an interesting article here about how firms are comforting associates with news that there are no immediate plans for layoffs. The demise of 118-year old Heller Erman after being a top 5 firm just a few years ago no...

How Long Should a Disciplinary Finding Haunt a Lawyer?

Posted on October 06, 2008
There's an interesting discussion here on Carolyn Elefant's blog about that question. In part she writes: On the one hand, the public has the right to learn about a lawyer's past disciplinary record. At the same time, with the advent...

Partisanship and Legal Ethics

Posted on October 05, 2008
In the comments to my unscientific political poll of blog readers below, Steve Lubet made a very interesting point. He says that most people approach legal ethics in a non-partisan way. Here was my response: I'm not sure that I...

Arizona Adopts In-House Counsel Practice Rule

Posted on October 05, 2008
House counsel, who generally have only one client (the corporate employer), have historically had to comply with UPL rules that all lawyers face, even though those rules don't make a lot of sense applied to house counsel. Over the past...

The Biggest Legal Ethics Story of the Year?

Posted on October 05, 2008
My choice is the current economic crisis. "Huh?" you ask. "What does legal ethics have to do with it?" Apparently nothing, and that's precisely my point. People are blaming the crisis on inadequate regulation of credit default swaps, inadequate regulation...

Your Political Leanings

Posted on October 03, 2008
I'm curious about the political leanings of our blog readers. Nobody ever calls my house to poll me, so I'm left to fill in the dots in online polls. Here's your chance: How will you vote in November?For McCainFor ObamaLeaning...

No more clubbing

Posted on October 01, 2008
Apparently Congress still has the political will to get at least some high-priority items taken care of, such as banning federal judges from accepting "honorary club memberships." This legislation is better than an earlier version, which would have banned judges...

LSATs and law schools: Has Michigan broken the spell?

Posted on October 01, 2008
Article here. The LSATs aren't de jure required by the ABA accreditation standards, but are pretty close to de facto required. It'll be interesting to see if Michigan's experiment loosens the grip of LSATs on the admissions process. The de...

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