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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

Essay contest for young lawyers and law students

Posted on November 12, 2010
I would like to thank John Steele and Renee Knake for encouraging me to be a guest blogger here--I've been a fan of The Legal Ethics Forum for quite awhile! I hope to post more in the future about my...

Justice Alito at the Bartley Dinner: much ado about nothing?

Posted on November 12, 2010
There?s been a lot of blogging about Justice Alito?s appearance at a dinner run the The American Spectator, which is a 501(c)(3) entity. It appears that the dinner was a big event for the magazine and at the magazine?s website...

Bias and the suit over the oil drilling moratorium

Posted on November 11, 2010
I previously covered the news of the recusal motion directed at Judge Levine in the suit over the Obama administration's moratorium on oil drilling. Judge Levine declined to recuse himself and there were accusations that his decision to enjoin the...

New Edition of ULE

Posted on November 11, 2010
The 4th edition of Understanding Lawyers? Ethics has just come out. It includes: ? A new section on Law vs. Justice, in addition to the section on Moral Values and Ethical Choices. ? A new chapter on Lawyers? Ethics in...

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Missing OLC emails by John Yoo found; no effect on prior DOJ conclusions

Posted on November 11, 2010
Story at Main Justice. The emails had been missing and, after the DOJ had concluded that no ethics charges against John Yoo were appropriate, the last "Hail Mary" possibility for charging him rested on the possibility that the missing emails...

U. Toronto Law Review - "The Resurgence of Philosophical Legal Ethics"

Posted on November 11, 2010
(h/t: Concurring Opinions) FOCUS: THE RESURGENCE OF PHILOSOPHICAL LEGAL ETHICS If Philosophical Legal Ethics Is the Answer, What Is the Question? Alice Woolley Three Issues in Legal Ethics Daniel Markovits Methodology and Perspective in the Theory of Lawyers' Ethics: A...

Cassandra Burke Robertson, A Collaborative Model of Offshore Legal Outsourcing

Posted on November 11, 2010
Cassandra Burke Robertson's latest article, A Collaborative Model of Offshore Legal Outsourcing, is now available here on SSRN. Cassandra is an Associate Professor of Law at Case Western Reserve University School of Law, where she writes and teaches in the...

Bill Henderson's latest article, "Why the Job Market is Changing"

Posted on November 11, 2010
Here. (h/t: Tax Prof Blog)

"'Kneecapping' Academic Freedom"

Posted on November 11, 2010
Rob Kuehn pointed me to this article that he and Peter Joy wrote about criticism and attacks on law school clinics. One of the reasons I find it interesting is that the defense of the clinics, which as far as...

The "Dead Bodies" Case in a Digital Age

Posted on November 10, 2010
A colleague posed this hypo, which offers a twist on the classic Stenhach and Belge cases: A client (a defendant in a criminal case) records a telephone conversation with the complaining witness. The recording contains very helpful impeachment material, but...

"Can Disclosure in a SEC Filing Waive the Attorney-Client Privilege?"

Posted on November 10, 2010
Corporate Counsel Net looks at a new case (AFLAC v. Intervoice, behind a pay wall), holding that counsel's validity and infringement opinions about pending indemnity claims loses its privilege when incorporated into the client's SEC filings.

Legal services liberalization was dropped from Obama's trade talks

Posted on November 10, 2010
As you may know, there's been a lot of effort within India to keep out international law firms. According to Legally India, in the trade talks held when President Obama visited India, the administration decided not to push for liberalized...

Protecting of lawyers or the court?

Posted on November 10, 2010
New York Attorney Malpractice Blog looks at a new ruling that uses allocution in settlements of divorce cases to preclude a party from later claiming dissatisfaction with her/his lawyer's services -- and thereby precluding a legal malpractice action. While I...

Oral argument heard en banc in Therasense (inequitable conduct)

Posted on November 10, 2010
Short blurb at Patently-O, with link to the argument, and short article from Paul Hastings.

"Silicon Law"

Posted on November 09, 2010
David Marcus, in The Deal Magazine, looks at the history of legal practice in Silicon Valley, including the history of how Fenwick did the Apple incorporation but Wilson Sonsini got the IPO. (Disclaimer: I was at Fenwick for about 15...

Legal Ethics Items (November 9, 2010)

Posted on November 09, 2010
In re Disciplinary Matter Involving Cyrus: Alaskan supreme court denies request by lawyer being disciplined that punishment be stayed to permit him to do pro bono work. Florida Probate & Trust Litigation Blog: New ethics opinion on when lawyers should...

Scorpions in a Bottle

Posted on November 09, 2010
I'm reading wth cosiderable pleasure Noah Feldman's Scorpions, which focuses principally oh Black, Douglas, Jackson, and Frankfurter. Feldman's treatment of the Black-Jackson feud over a recusal issue is the most detailed and interesting that I've seen...

Dan Filler, "Why Are Law Firms Spamming Our Comments? Is It Ethical?"

Posted on November 08, 2010
Over at The Faculty Lounge, Dan Filler asks a good question. [edited]

The Warwick Debate - Conflict about conflicts in Canada

Posted on November 08, 2010
Interesting article at SLAW, a Canadian law blog, on a debate in about conflicts. We'll have to forgive the author for saying, "Today?s posting comes (almost live) from the Schulich Law School at Dalhousie University where Richard Devlin and the...

Stephen Pepper, "Integrating Morality and Law in Legal Practice: A Reply to Professor Simon"

Posted on November 08, 2010
Article. Abstract: In the practice of law, to what extent and in what ways are law and morality separate? In what ways can they best be integrated? This essay responds to William Simon?s critique of what he sees as too...

Legal Ethics Items (November 8, 2010)

Posted on November 08, 2010
New York Times Magazine: "The Other Oil Cleanup," an article about plaintiffs' lawyers and the BP spill. The lawyers are no fan of Kenneth Feinberg, the claims administrator. (h/t: Point of Law) I could imagine that torts profs and PR...

Blog is critical of "Ask Gary" referral network; gets sued

Posted on November 08, 2010
It's happening down in Tampa Bay.

Massachusetts lawyer criminally charged with destroying the court's file

Posted on November 08, 2010
Boston Globe has the story.

Invitation to Guest Blog

Posted on November 07, 2010
A lot of blogs use the "guest blogger" feature to good effect, and we'd like to give it a try. If you would like to do some blogging for a limited period of time (say a couple of weeks or...

More on the foreclosure lawyer

Posted on November 07, 2010
John recently mentioned a Washington Post article on the incentives and conduct of law firms pursuing home foreclosures. The front page of Sunday's New York Times featured an article on how some foreclosure lawyers are getting paid--with second mortgages on...

Interesting piece on social networking and related issues and workers' comp law on SSRN

Posted on November 05, 2010
It is by Professor Gregory Duhl and Jaclyn Miller, and is available here. I've only read the abstract, but it sounds interesting.

Law prof traffic ratings; what do our readers want more of (or less of)?

Posted on November 04, 2010
According to Paul Caron's latest law professor blog ratings, we've moved onto the top 35 list, for which we thank our readers. In that vein, if you have suggestions about what you'd like to see more of, or less of,...

New Jersey troopers who want to practice law on the side lose their constitutional claim

Posted on November 04, 2010
New Jersey troopers were encouraged to go to law school and subsequently told that they couldn't practice law while a trooper. Their constitutional claims were rejected in this non-precendential opinion. Key paragraph: Second, the District Court properly concluded that the...

What's the Supreme Court of California going to do with the new rules -- and when will they do it?

Posted on November 04, 2010
At the Lectern has some comments and links, but the bottom line is that in California we're all waiting to hear if the rules approved by the State Bar will be adopted "as is," or in part, or whatever. I'm...

Legal Ethics Items (November 4, 2010)

Posted on November 04, 2010
Washington Times: Review of a new book about plaintiffs lawyer -- and felon -- Dickie Scruggs. (h/t: ABA Journal) Interesting passage in the review: "Scruggs essentially was a businessman specializing in the mass marketing of personal-injury claims. He was not...

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