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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 sues former Seyfarth tax partner for allegedly promoting abusive tax shelters

Posted on November 04, 2010
DOJ press release. The new complaint. Coverage and links by Paul Caron at Tax Prof Blog. (Small point, and maybe it's just me, but the second sentence of the complaint seems odd: "Rogers is Harvard educated lawyer and self-professed tax...

Ninth Circuit reverses and offers defense counsel a stern lecture on professionalism

Posted on November 03, 2010
Ahanchian v. Xenon Pictures, Inc. Defense counsel refused to grant opposing counsel a short extension, won below, but got taken to the woodshed (esp. §III(C)) when the Ninth Circuit reversed. (I once told opposing counsel the dates of my annual...

Pennsylvania UPL Opinion Concerning Online Document Preparation Services

Posted on November 03, 2010
The Pennsylvania Bar has concluded that many online legal document preparation services, including many of the services provided by LegalZoom, constitute the unauthorized practice of law. The opinion is here. A thorough (and, in my view, quite persuasive) response from...

California opinion reverses huge discovery sanctions

Posted on November 03, 2010
California Attorney's Fees Blog: The appellate court insists that the trial court mind the formalities when imposing discovery sanctions.

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Cecilia Goetz, Woman at Nuremberg

Posted on November 03, 2010
Legal History Blog reports on a new paper about the role of lawyer Cecilia Goetz in the Nuremberg prosecutions.

Voters Oust Iowa Supreme Court Justices

Posted on November 03, 2010
Thoughts at Prawfsblawg and news round-up at How Appealing. The justices' decision on same sex marriage was apparently the catalyst.

Professor Peter Margulies Seeks Signers for Amicus Brief

Posted on November 03, 2010
Here is an announcement from Professor Peter Margulies: Ethics Amicus in NY: Prof. Peter Margulies of Roger Williams invites ethics professors to join in an amicus brief to be filed in the N.Y. App. Div. 2d Dep't in People v....

"The Ethics of Advising Clients to Make Social Networks Private"

Posted on November 02, 2010
Law.com has an article by Dan Nabel, and Franco Tarilli has more thoughts.

. . . and a few more (November 2, 2010)

Posted on November 02, 2010
Jason Mazzone, at Balkinization, "Judge Baer and Grutter v. Bollinger" discussing a request by a federal judge that lead counsel assign women and/or minorities to a case. Although I share Judge Baer's concerns about the lack of diversity in the...

Yesterday's cert grants

Posted on November 02, 2010
Two cases granted certiorari by the Supreme Court yesterday may be of particular interest to LEF readers. Fox v. Vice involves the award of attorney's fees under a fee-shifting statute in civil rights litigation (questions presented here). Turner v. Price...

Halloween, Robert Burns, and lawyers' tongues

Posted on November 01, 2010
Absolvitor (Scots Law Online) offers us this Halloween-related line from Tam o' Shanter about what was seen in a haunted church: Three lawyers? tongues, turn?d inside out, Wi? lies seam?d like a beggar?s clout; [posted by John Steele]

California lawyer urges foreclosed home owners to break-in the homes?

Posted on November 01, 2010
This story (Ventura County Star) is so odd, but I'll take it at face value. A California lawyer is urging people to resort to self-help and break into their foreclosed homes. Alan Childress, from Legal Profession Blog, opines that lawyers...

Adam Babich, "Controversy, Conflicts, and Law School Clinics"

Posted on November 01, 2010
Article. We've seen a lot of controversies surrounding law school clinics, which as far as I can tell have won the recent battles. Walter Olson, from Overlawyered, has a new book coming out soon, "Schools for Misrule," which I think...

Legal Ethics Items (November 1, 2010)

Posted on November 01, 2010
Mother Jones looks at the ethics of former US Attorney and now Congressional candidate Tom Marino (PA-10th), who, while a US Attorney, gave a reference for a convicted felon who had been investigated for ties to organized crime. Deborah Rhode...

Florida Adopts Jury Instructions on Tweeting, Etc.

Posted on November 01, 2010
An article is here. On a related note, juror "investigation" is becoming a critical issue, since jurors can now "view" accident scenes without having to drive anywhere; they can "research" technologies from their homes; and they can find all sorts...

An Australian take on the cab rank principle

Posted on November 01, 2010
At Australian Professional Liability Blog.

Happy birthday, White Collar Crime Prof Blog

Posted on November 01, 2010
It's a blog I've enjoyed for years.

Second round of discipline charges -- for the alleged cover-up -- against lawyer connected to Detroit ex-Mayor Kilpatrick scandal

Posted on October 31, 2010
Detroit Free Press has the story, which focuses on the lawyer's answers during the investigation phase.

Are Aristotelian virtues genetic?

Posted on October 31, 2010
Practical Ethics (Oxford) looks at research by Jerome Kagan on whether temperaments are largely genetic.

Privilege doesn't attach to conversations where lawyer bribes witness

Posted on October 31, 2010
Law of Criminal Defense has the details on a new case out of Puerto Rico (United States v. Ramos-Gonzalez, 2010 U.S. Dist. LEXIS 113971 (D. P.R. October 25, 2010)) and reminds its reader of what John Hall calls Rule No....

Florida Supreme Court suspends prominent plaintiffs attorney

Posted on October 29, 2010
News and links about the suspension of Hank Adorno are at Point of Law.

Legal Ethics Odds and Ends (October 29, 2010)

Posted on October 29, 2010
Rescigno v. Vesali: Georgia Court of Appeals holds that an eviction matter is not substantially related to an earlier custody matter. You sometimes see the courts expand the "substantially related" test when the former client is a natural person and....

NJ courts say legal clinics at public schools must comply with open records laws

Posted on October 29, 2010
Story at Chronicle of Higher Education. (h/t: Overlawyered) Opinion here. As you'd expect, the privilege will be protected, but a general exemption from the law will not be recognized. This is just one of the many ways that the profession...

Sign of the future? Publicly owned firm snaps up other firm.

Posted on October 28, 2010
ABA Journal relates that a publicly owned Aussie firm is purchasing another firm for $35 million. It would barely make news in the corporate setting, but is huge in the legal setting. We're seeing these innovations from the UK and...

"The Ethics of Justice O'Connor Robo-calls"

Posted on October 28, 2010
Analysis at Blog of the Legal Times and SBM Blog (State Bar of Michigan), including quote from Steve Gillers.

Politics and client selection: Indiana candidate represented child molester

Posted on October 28, 2010
A letter to the editor defends a candidate who had represented a defendant accused of child molestation.

Prof. Rotunda at Akron tomorrow

Posted on October 28, 2010
Description of the lecture here. ?Lawyers: Why We Are Different and Why We Are the Same" Lawyers are more than ever interested in their ethical obligations, as malpractice law suits and government enforcement actions ? both based on the Rules...

State v. Dean: Judge's behavior toward defense counsel infected trial

Posted on October 28, 2010
State v. Dean. By unfairly putting defense counsel back on his heels, the judge undermined the integrity of the process. Lead paragraphs: {¶ 1} This case involves a defendant's Sixth Amendment request to represent himself, which was denied by the...

Amendment to Michigan's rules

Posted on October 28, 2010
SBM Blog (State Bar of Michigan) has the lowdown. Here's the order.

Legal Ethics News (October 27, 2010)

Posted on October 27, 2010
Capital Defense Weekly rounds up recent cases, including Earp v. Cullen, a Ninth Circuit case where the defendant was not given a full and fair evidentiary hearing on a claim of prosecutorial misconduct. California Attorneys Fees looks at a recent...

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