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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

Susan Saab Fortney, New Lichtenstein Professor

Posted on March 03, 2011
Although I'm unhappy that Roy Simon is retiring, I'm delighted that Susan Saab Fortney will be the new Lichtenstein Distinguished Professor of Legal Ethics at Hofstra. Susan has done extensive and important research and writing in lawyers' ethics, and is...

Articles on ethics in aggregate litigation

Posted on March 01, 2011
New from George Washington Law Review (via Concurring Opinions), articles on ethics in aggregate litigation from Lester Brickman, Nancy Moore, Thomas Morgan, and Charles Silver.

Feinberg Corrects Misleading Statements

Posted on March 01, 2011
From Otherwise Blog: Thanks to the order of District Judge Carl Barbieri, the Gulf Coast Claims Facility - operated by Kenneth Feinberg of Feinberg Rozen - now states squarely that they are "acting for and on behalf of BP". Feinberg,...

Government Lawyer Blogging and Tweeting as Private Citizen

Posted on February 28, 2011
The ABA Journal is now reporting on a story that had been first reported in Mother Jones. According to MoJo, Deputy Attorney General Jeffrey Cox has a history of making inflammatory comments on Twitter and on his personal blog, ProCynic....

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Justice Thomas's Talk to the Federalist Society This Weekend

Posted on February 27, 2011
Well, the Justice may have been silent on the bench for five years, but off the bench he has much to say. Politico reports on his keynote remarks to the Federalist Society this weekend, in an article that reviews all...

More on Hunton & Williams

Posted on February 25, 2011
[edited after reading the complaint] Above the News carries new news, including a complaint filed with the DC Bar. I've mostly seen accounts of the language of the companies that made pitches to H&W rather than direct proof that H&W...

"Professors Ask Congress for an Ethics Code for Supreme Court"

Posted on February 24, 2011
Washington Post. Does anyone have a link to the actual letter? UPDATE: The letter's here (h/t George Conk) According to the article, Congress should impose the "appearance of impropriety" and "appearance of influencing the judge" standards on the Supreme Court...

Attorney Client Privilege Run in Both Directions

Posted on February 24, 2011
Via How Appealing, we're told that the Supreme Court in Pennsylvania has clarified that the attorney client privilege covers communications from clients to lawyers and from lawyers to client. I confess that when I learned that some states had viewed....

Metadata and FOIA

Posted on February 22, 2011
For those interested in metadata, Shira Scheindlin of the SDNY has an interesting opinion in the context of an FOIA request, in National Day Laborer Organizing Network v. US Immigration and Customs Enforcement Agency.

Evaluating the Independence of In-House Lawyers

Posted on February 21, 2011
Interesting post at Jotwell, with link to new paper, Suzanne Le Mire, Testing Times: In-House Counsel and Independence, 14 Legal Ethics.

Airgas continues its suit against Cravath

Posted on February 20, 2011
WSJ Law Blog carries the story. In my experience, the costs associated with DQ motions have risen over the years, as the putative former client and the current client both seek a quasi-indemnity from the firm. As this matter shows,...

a few odds and ends

Posted on February 19, 2011
ALM: A group within the State Bar of California wants diversity stats to count as 15% of the US News & World Report rankings. (h/t: Althouse) Kudos to Dean Polden of Santa Clara (where i often teach), whose school would...

The NYT Humanizes Lawyers

Posted on February 19, 2011
I encourage all to read the NYT neat page one story yesterday (2/18) by Ben Weiser showing that lawyers have superstitions, too. The trial lawyers who revealed their own superstitions gently mocked themselves and come away looking better for it....

Juries Give Passes to Defendants Who Wear Glasses

Posted on February 18, 2011
Or so say some lawyers as quoted in the Daily News which is quoted by the ABA Journal electronically. If the defendant does not need glasses, if it's all a subliminal ruse, why isn't it 'deceit?' And what if the...

More on the scam lawsuits arising from a scam tow truck operation

Posted on February 18, 2011
Greg Adler has alerted me to this television news story on the matter we blogged about earlier, where a family owned tow truck business brought hundreds of scam law suits as a money making proposition. Adler spent a lot of...

Yet more on Feinberg's affidavit in the Fen-Phen case.

Posted on February 18, 2011
The story has so many twists. The Louisville Courier-Journal is running this story, about a deposition where Feinberg allegedly puts some distance between himself and his affidavit which was the basis for an appellate court's surprising decision. But the story...

Legal eduction and virtual gaming

Posted on February 18, 2011
If you're interested in innovative ways to teach law students and evaluate their skill sets, watch this video.

Hugo Black's ethics in trial advocacy

Posted on February 17, 2011
Legal History Blog brings news of a review essay of a new book about a spectacular murder trial in which the defense counsel -- future SCOTUS justice Hugo Black -- played hardball.

Who Should Decide Whether a Justice Should Recuse?

Posted on February 17, 2011
Sorry if this has been covered (but I haven't seen it lately). I'm getting asked whether there should not be a procedure whereby someone (or ones) other than the individual Justice should decide motions to recuse the Justice. Right now,...

Memoir of William T. Coleman, Jr.

Posted on February 15, 2011
Legal History Blog has a post about the new memoir published by William T. Coleman, Jr. As an aside for ethics types, the book's title is Counsel for the Situation.

Hunton & Williams vs. Wikileaks

Posted on February 15, 2011
Several stories in the mainstream media and progressive blogs have reported on a meeting in which several security firms pitched for the business of Hunton & Williams in connection with the threatened disclosure of Bank of America documents by Wikileaks...

Happy Valentine's Day

Posted on February 14, 2011
If you missed the ABA Journal Magazine cover story this month, today is a good day to check it out: Why I Love Being a Lawyer (Seriously)

Lincoln the Lawyer

Posted on February 12, 2011
Happy Lincoln's Birthday to you all. We've recently had two great books on what had been a long neglected part of Lincoln's life: his legal career. You might check out Lincoln the Lawyer and An Honest Calling. The books were...

Michelle Harner on The Value of "Thinking Like A Lawyer"

Posted on February 11, 2011
Michelle Harner offers a nice summary and comparison of two important works on the future of legal services in her essay The Value of 'Thinking Like A Lawyer,' recently posted to SSRN. Here is the abstract: The legal profession was...

Ink for LEF, "a popular legal blog"

Posted on February 10, 2011
The following is part of a longer article in Reuters_News@Reuters.com: Several academics and plaintiffs' attorneys said that, based on Barbier's ruling, settlements already made with the fund could be reevaluated. A court could invalidate the agreements or allow them to...

Democrats call for Justice Thomas to recuse himself in healthcare case

Posted on February 10, 2011
Details here. This campaign has been developing over the last several weeks, in certain editorials. I don't see the case for recusal, but perhaps someone can educate me in the comments. I'm also concerned that judicial ethics could become just...

Details on Villanova's reporting of inaccurate statistics

Posted on February 08, 2011
TaxLaw Prof has a roundup. I've been critical of schools for reporting inaccurate statistics, so I thought I'd praise Villanova for airing out the problem. And, in more positive news, we've seen some deans sending applicants/enrollees letters that set out...

The Free-Agent Lawyer

Posted on February 08, 2011
Jordan Furlong over at Law21 has posted a thought-provoking piece predicting that 2011 will be the year of the free-agent lawyer. Some excerpts: So we?ve just come off the year of law firm outsourcing: traditional firms contracting with distant corporate...

No duty to disclose medical malpractice?

Posted on February 05, 2011
I found myself sitting next to a cardiologist on a recent flight, which gave me a chance to ask a question that a student had asked me during legal ethics class: does a doctor have a legal duty to disclose...

Powers v. St. Johns Law: Can This Be Right?

Posted on February 04, 2011
The electronic ABA Journal summarizes this report from the NY Post (URL below): St John's revoked the admission of a 3L scholarship student who is #3 in the class and has what looks to be a stellar resume because he...

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