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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

Doug Richmond, "Understanding Retainers and Flat Fees"

Posted on July 15, 2010
Article here. Abstract: The law generally recognizes lawyers' right to reasonable fees for their services. For years, lawyers seeking to secure payment have requested security retainers from clients. Clients who wish to ensure a favored lawyer's availability to represent them...

Apple's Counsel disqualified in ITC case

Posted on July 15, 2010
From ITC 337 Law Blog, here's news of the disqualification of Apple's counsel. As you may know, getting DQ's out of the ITC is pretty hard. Here, the consolidation of two related actions, coupled with an after-the-fact wall led to...

The wave of the future? e2Interactive, Inc. v. Blackhawk Network, Inc., 2010 WL 1981640 (W.D. Wis. 2010)

Posted on July 15, 2010
I''ve been speaking about this case, and am glad to see that the Hinshaw firm has featured it in one of their Alerts. In a case where a big firm and a big corporate client negotiated over the retention letter,...

Lynne Stewart's re-sentencing hearing

Posted on July 15, 2010
WSJ Law Blog covers the story. My initial post about her is here.

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odds and ends (July 15, 2010)

Posted on July 15, 2010
LA Now reports that an LA attorney will plead no contest to a criminal count of dissuading a witness. To help his client, who had been charged in burglaries, the lawyer filed a civil suit against a witness and offered...

Lynne Stewart's re-sentencing hearing: She got ten years

Posted on July 15, 2010
WSJ Law Blog covers the story. My initial post about her is here. UPDATE: She got ten years. Given her age (70) and her health, that's a stern sentence (if not a life sentence). It's hard to tell from the...

SmithKline Beecham and Rule 1.6(b)(1)

Posted on July 14, 2010
We don't know whether lawyers at SmithKline Beecham were aware of the suppressed information, reported in the Times and Journal yesterday, that showed that its diabetes medicine, Avandia, might actually be "riskier to the heart" than a competitor's product (and...

News article: many doctors don't report incompetent doctors

Posted on July 14, 2010
The Associate Press article, which is grist for a cross-professional comparison, is here.

Neil Dilloff, "Deposition Tricks: The Dirty Dozen"

Posted on July 14, 2010
Short article for the trade press here. Abstract below. Query: if a PR prof covers "dirty tricks" in class, are we just teaching students how to behave poorly? Everyone knows that lawyers are a tricky bunch. Just ask the man...

what's going on in legal ethics (July 14, 2010)

Posted on July 14, 2010
Setting up a recusal argument? GOP senators send Elena Kagan a letter asking if she participated in the Obama administration's planned response to the constitutional challenges to Obamacare. (From CNS) . . . . . Jack Marshall, at Ethics Alarms,...

ILEC IV, at Stanford, starting Thursday

Posted on July 13, 2010
I hope that many LEF readers will be in Palo Alto for the International Legal Ethics Conference IV. (Technically, Stanford is in "Stanford," not Palo Alto, but I hope to see you just the same.)

PR credit through biographies and historical works?

Posted on July 13, 2010
Here's news that Sonia Sotomayor will write her memoirs. That has me thinking. ABA Standard 302 requires education in the history of the legal profession. Just as a thought experiment, suppose you were to design a PR-credit satisfying course in...

Paul Tremblay, "Counseling Community Groups"

Posted on July 13, 2010
Article here. Abstract: The training of lawyers for years has established ethical and practice protocols based upon an individual representation model, or, if the protocols contemplated a form of collective representation, they have envisioned formal, structured entities with powerful constituents...

legal ethics odds and ends (July 13, 2010)

Posted on July 13, 2010
From the Manila Standard Today, "Is justice the lawyer's motive?" . . . . . "Kobre & Kim LLP is one of the first firms composed of English barristers, solicitors, and U.S.-qualified lawyers to be licensed in the United Kingdom...

Report on compensation of women partners in private practice

Posted on July 13, 2010
With a hat tip to The Faculty Lounge, the new report by Joan Williams and Veta Richardson is discussed in a Newsweek article here. The report finds significant disparities and discrepancies in compensation of women partners, and attributes the bulk...

Ninth Circuit suspends Walter Lack, reprimands Thomas Girardi

Posted on July 13, 2010
Here's something you don't see every day. The Ninth Circuit suspended Walter Lack from practicing before that court for six months and reprimanded Thomas Girardi. In a nutshell, following a defective judgment abroad against a non-existent Dole entity (in a...

legal ethics items (July 12, 2010)

Posted on July 12, 2010
A public official related to a rape complainant made a call to have the rape trial re-assigned to a different judge -- and now that's an issue on appeal. Various ethics experts chime in. (h/t: Pittsburgh Post-Gazette) . . ....

Public defenders and excessive case loads: the Florida test case

Posted on July 12, 2010
Robert Boruchowitz at Crim Law Prof Blog and George Conk at Otherwise discuss the test case to be heard by the Florida Supreme Court over the clash between competent, constitutional representation and the limitations imposed by inadequate public funding of...

Steve Vladeck, on legal ethics, boycotts, and self-representation at Guantanamo

Posted on July 12, 2010
Post here, at Balkinization.

Welcome, "Australian Lawyers' Ethics"

Posted on July 12, 2010
We have a new legal ethics blog, Australian Lawyers' Ethics, from the Queensland Law Society. (h/t: Stephen Warne's Australia Professional Liability Blog) If you're aware of any legal ethics blogs outside the USA, please add them to the comments, and...

Legal ethics links (July 11, 2010)

Posted on July 11, 2010
Here's an article from ALM about how in-house counsel manage the use of temp and contract lawyers. The law firms have less control and less to say. It's all part of the disaggregation of legal work, which we've discussed here...

50th Anniversary of To Kill a Mockingbird's publication

Posted on July 11, 2010
Is today. We discussed Atticus here.

Legal Ethics bits and pieces (July 10, 2010)

Posted on July 10, 2010
From ALM, an innovative contingency fee arrangement has led to an appellate argument between heavy-weights Cotchett, Pitre & McCarthy and Gibson Dunn & Crutcher. Although the contingency fee was 100% of the money received by the plaintiff, the fee was...

Beverly Moran, "DIsappearing Act: The Lack of Values Training in Legal Education -- A Case for Cultural Competency"

Posted on July 09, 2010
Article here, from Beverly Moran of Vanderbilt. (ht: Legal Theory Blog) Abstract: A renewed movement of curriculum reform is growing within United States law schools. This new curriculum reform movement is based on two important reports ? one from the...

Legal ethics round-up (July 9, 2010)

Posted on July 09, 2010
In that San Francisco dispute between the DA and the judge who issued a stinging ruling about the crime lab, the DA moved to DQ the judge and now the judge has responded. . . . . . Here's an...

Florida Bar's proposed rules for web advertising draw heat

Posted on July 09, 2010
Story at the ABA Journal.

Legal Ethics stuff (July 8, 2010)

Posted on July 08, 2010
In a new case from the Arizona Court of Appeals, Martin-Costa v. Kiger, a firm that had represented the mother in a divorce action later appeared for the father in defense of criminal molestation charges. The mother was denied standing...

Bill Henderson, "The Bursting of the Pedigree Bubble"

Posted on July 08, 2010
His article is posted at the site for the IU Center on the Global Legal Profession.

Two developments worth reading

Posted on July 08, 2010
One if the US v. Graf case that David blogged about yesterday. The other, with a hat tip to Legal Profession Blog, is a DC ethics opinion (Ethics Op. 355) explaining how to comply with In re Mance -- a...

Large Law Firm Partner Alleges He's Lebron James's Father

Posted on July 08, 2010
It sounds like an April Fool's joke, doesn't it? But apparently, it's an actual lawsuit. (See here and here.) The lawyer alleges that he had a brief affair with Lebron James's mother about 9 months before Lebron was born. The...

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