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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

legal ethics today (June 2, 2010)

Posted on June 02, 2010
Overlawyered looks at a lawyer who advertises his ability to stall. (Recall that MR says a lawyer shall expedite litigation "consistent with the interests of the client.") . . . . . Patently-O has some great data on claims of...

ABA Seeks Input on Inbound Foreign Lawyers

Posted on June 01, 2010
The ABA Commission on Ethics 20/20 circulated the following email this morning about the Commission's Inbound Foreign Lawyers Working Group, which has been chaired by co-blogger Stephen Gillers: The ABA Commission on Ethics 20/20 is studying a number of issues...

what's going on in legal ethics (June 1, 2010)

Posted on June 01, 2010
Under the New Jersey judicial code, a judge may make movies but not publicize them, so this judge is resigning. I found it interesting that the ruling didn't cite any particular provisions of the judicial code. . . . ....

Charge the summer associates for the opportunity to work?

Posted on May 31, 2010
(To be clear: I'm not suggesting this.) Via Instapundit, here's a post about companies charging for the chance to work at prestigious internships. We've read about SMU paying stipends for companies that hire SMU law grads. How far could firms...

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The FTC's new "discussion draft" of how "to support the reinvention of journalism"

Posted on May 31, 2010
Policy report here. As a former plaintiff's-side antitrust lawyer, I was surprised to see the FTC toying with ideas like legalizing cartels, price-fixing, antitrust exemptions, erecting barriers to entry, etc. Maybe I was naive, but I had thought that the...

The prosecutor who "threw a case," David Luban's 2010 Tabor Lecture at Valparaiso, and the role of blogging

Posted on May 31, 2010
Here's, "The Conscience of a Prosecutor," the 2010 Tabor Lecture at Valparaiso, by David Luban. (The abstract is below.) The lecture deals with a NYC prosecutor, Daniel Bibb, who "threw" a case because he believed the defendants to be innocent....

today in Legal Ethics (May 31, 2010)

Posted on May 31, 2010
On this Memorial Day, here's some of what happening in legal ethics. . . . . . Here's a short, cite-heavy paper by Emile Loza arguing that some understanding of transnational law may be part of a lawyer's duty of...

"The Future of Law" and the skills that associates need now

Posted on May 30, 2010
Over at John Flood's Random Academic Thoughts. I particularly like the first chart, showing the skills that associates need now -- which, as Flood notes, aren't often taught at law schools.

Trial lawyers are monotonous; the president plays too much golf; Al Gore offers his views; Congress plays politics with federal judgeships; African-Americans excluded from jury; Chilean earthquake relief efforts continue; Mantle, Maris hit home runs

Posted on May 29, 2010
I was given an original copy of the Washington Post (my hometown) for the day I was born: May 29, 1960. Believe it or not, all those news stories (plus, below the jump, a WaPo editorial about federal judgeships) were...

Peter Erlinder, William Mitchell Law Professor, arrested in Uganda

Posted on May 29, 2010
Via The Faculty Lounge and the NYT. It appears that Prof. Erlinder's arrest is attributed to his alleged denial of the Rwandan genocide -- but that may simply mean that he is representing an unpopular client in a country with...

Peter Erlinder, William Mitchell Law Professor, arrested in Rwanda

Another Publicity-Hungry Prosecutor

Posted on May 28, 2010
The NYTimes this morning has a front-page story, going over into the business section, of a press conference by US Atty Preet Bharara, announcing the indictment for fraud of Kenneth Starr (not the same one, and no relationship). Not content...

Administration Job Offers to Sestak and Other Members of Congress

Posted on May 28, 2010
We will get some clarification on the facts from the White House today, but what has been said thus far (more on the specifics later) likely won't change what should be obvious -- this is politics and not much else....

White House Counsel on the Sestak matter

Posted on May 28, 2010
Here's a statement from Robert Bauer, White House Counsel. The key distinction, it will apparently be argued, is that the offer was for an unpaid position. Can an unpaid position be a "thing of value" nonetheless?

Lawyer choice

Posted on May 28, 2010
Yesterday in the NYT Nicholas Kristof had an article about a nun who was ex-communicated because she participated in a panel that permitted an abortion at 11 weeks gestation in order to save the life of the mother. A number...

Legal ethics: what's going on (May 28, 2010)

Posted on May 28, 2010
Lawyer groups organize against the proposal to investigate lawyers who represented Guantanamo detainees. . . . . . Point of Law responds to our posting, by Richard Painter, about the Sestak affair. . . . . . The client wasn't...

legal ethics odds and ends (May 27, 2010)

Posted on May 27, 2010
Iowa exercises power over an MJP lawyer with an out-of-state license. (h/t to Ethical Quandary) . . . . . DC to consider screening proposals. (h/t: Legal Profession Blog) For that matter, California's Supreme Court will need to consider the...

Holder revises Policy and Charging and Sentencing

Posted on May 27, 2010
Via Ellen Podgor at the White Collar Crime Prof Blog, here's the new policy, which changes the Ashcroft approach and emphasizes individualized assessment.

What's going on (May 26, 2010)

Posted on May 26, 2010
News of a NJ lawyer who allegedly forged $350,000 in phony billings. Something in the story caught my eye: the term "contract partner." I've heard of non-equity partners, service partners, junior partners, senior partners, and so on, but "contract partner"...

US Supremes let Textron stand

Posted on May 26, 2010
The news and links via The Corporate Counsel Net. That means that the First Circuit's en banc decision denying work product protection to tax accrual work papers remains the latest word for now.

Repeal of Don't Ask Don't Tell

Posted on May 26, 2010
I have already written about this topic on this blog, but repeal is coming up for a vote soon in Congress. Here is my editorial in the forthcoming June issue of the American Lawyer. http://amlawdaily.typepad.com/amlawdaily/2010/05/arguments.html

"The War on Lawyers, Continued . . . "

Posted on May 25, 2010
At Balkinization, Steve Vladeck takes issues with the newly required investigation of certain lawyers who represented Guantanamo detainees. As the federal government increasingly regulates the legal profession, it will increasingly need to investigate lawyers, discipline lawyers, etc...

Do you include any legal history in your Professional Responsibility course?

Posted on May 25, 2010
Over at Legal History Blog, Karen Tani discusses the uses of legal history in various law school courses, including Professional Responsibility. I am curious about that. Early in the semester, I give a very brief, whirlwind PowerPoint talk on the...

legal ethics today (May 25, 2010)

Posted on May 25, 2010
Sad news about the death of a legal ethicist, Robert Saltzman. Among other things, Saltzman "was immediate past chair of the State Bar's Committee on Mass Disaster Response and served most recently as the Deputy Chief Counsel of the New...

The Asian Way

Posted on May 25, 2010
We're back from Singapore where we (Barbara and I) taught in the NYU LL.M. program based at (and in partnership with) the National University of Singapore. Students come from all over the world. In four years, 67 countries have been...

Caperton's Implications for Court Reform Efforts

Posted on May 24, 2010
Hofstra's James Sample has posted this article, entitled "Court Reform Enters the Post-Caperton Era." Here is the abstract: This Article considers the significant state court reform developments in the year following the Supreme Court?s landmark decision in Caperton v...

Joe Sestak?s ?Bribe? Scandal: Another Ethics Sideshow

Posted on May 24, 2010
The press is reporting continued controversy -- and threats of a Congressional ethics compliant -- over the White House having previously offered a political appointment to Congressman Joe Sestak ?in return? for his agreeing not to run in the Pennsylvania...

Stoneridge stands firm on legislative and judicial fronts?

Posted on May 24, 2010
My legal newspaper says that Sen. Specter's attempts to reverse Stoneridge "failed to reach a vote before lawmakers moved late last night . . . to take a final vote." But I can't find links online to confirm that. If...

Court reverses denial of attorney's fees in Hardt v. Reliance Standard Life Insurance Co.

Posted on May 24, 2010
The Supreme Court issued an opinion this morning in the second of three fee-shifting cases taken up during the 2009 Term. Justice Thomas authored the unanimous decision to reverse the Fourth Circuit's denial of attorney's fees in an ERISA case...

Scholarship on prosecutors and defenders

Posted on May 24, 2010
Bradley Tennis, "Uniform Ethical Regulation of Federal Prosecutors." Abstract: Federal prosecutors are subject to a bewildering array of ethical regulations ranging from state ethical codes to local rules adopted by federal courts to the internal policies of the Department of...

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