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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 in the news (May 24, 2010)

Posted on May 24, 2010
A Mississippi lawyer doesn't like the solicitation of clients that's going on in the wake of the BP oil spill. . . . . . I hope this isn't behind a paywall: here's an account of how women can succeed...

John Flood on biglaw and the Salvation Army

Posted on May 24, 2010
John Flood has posted "From Ethics to Regulation: The Re-Organization and Re-Professionalization of Large Law Firms in the 21st Century" at SSRN. And at his Random Academic Thoughts he relays a correspondent's comment that in Australia the Salvation Army may...

Congressman Issa's Letter re: Sestak

Posted on May 24, 2010
Here is Congressman Issa's Letter to the Attorney General: Download Issa Letter The Administration probably should provide the information needed to clarify what happened, but the bribery statute citied by Congressman Issa is, for reasons explained in my previous post,...

around the web (May 22, 2010)

Posted on May 22, 2010
At On Lawyering, Rich Cassidy reflects on why traditional norms of professionalism may embody effective lawyering. . . . . . On occasion, we hear arguments that legal ethics rules ought to regulate secrecy in settlements. Over at Concurring Opinions,...

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Corporate Counsel names Microsoft as Best Legal Department - 2010

Posted on May 21, 2010
Story here.

George Conk on the jobs picture for 2009 law school grads

Posted on May 21, 2010
George Conk reports on the new NALP data, which, as you'd guess, isn't great news. The upside is that 88% of the grads are employed; the downside is that only 70% are employed in jobs that require JDs.

law of lawyering around the web (May 21, 2010)

Posted on May 21, 2010
Law Risk Management Blog takes a look at proposed changes to the Texas rules. . . . . . Law of Criminal Defense points us to this ABA Journal story about a lawyer accused of altering vouchers to the tune...

Ethical Quandary: Missouri's (negative) take on non-refundable retainers

Posted on May 20, 2010
The Ethical Quandary covers the development.

Louisiana kills anti-clinic bill (which had targeted Tulane)

Posted on May 20, 2010
Story here. Looks like Tulane and the pro-clinic forces were up to the challenge of killing this bill (edit: at least for this legislative session). Still, one wonders what effect this affair might have, especially when coupled with the similar...

Lawyers' Free Speech Upheld

Posted on May 20, 2010
A jury's finding that a lawyer's accusatory statements about a judge in a pleading prejudiced the administration of justice is not enough to uphold the lawyer's conviction for contempt against a First Amendment challenge, the Missouri Supreme Court decided May...

Irony (and worse) in Judicial Decisions

Posted on May 20, 2010
In Gutierrez v. G&M Oil Co., No. G042041 (2010), a California court recently held that a corporation was not responsible for the negligence of its lawyer (who was in-house counsel and a corporate officer) in failing to file a timely...

Charles Silver, "Ethics and Innovation"

Posted on May 19, 2010
Article here (nod to Legal Theory Blog). Abstract: Using the familiar insight that principals and agents can jointly gain by reducing agency costs, this essay argues (1) that lawyers hoping to attract clients should seek to improve the quality of...

legal ethics in the news

Posted on May 19, 2010
A judge's comments about "purging" documents in the Limewire case leads to a discussion of the ethics of advising clients about document retention (in which I'm quoted), and a scandal about an expert who often gives testimony inimical to gay...

Lawyer's sexist curse words lead to criminal and disciplinary complaints (although, as far as I can tell, only private complaints have been lodged)

Posted on May 19, 2010
Story here. Coverage at ABA and Above the Law. It's hard to tell, but it seems that the criminal and disciplinary complaints were privately lodged, and I haven't seen indications that a state DA or state bar prosecutor has decided...

Leave the screening rules to the courts, says the Board of Governors of the State Bar of California

Posted on May 18, 2010
I can live with that solution. (Unfortunately, that may be behind a paywall.) But we'll have to see if the California Supreme Court feels differently. Traditionally, California has not had an imputation rule in its professional conduct rules (what we...

odds and ends (May 18, 2010)

Posted on May 18, 2010
The ABA's big national conference on Professional Responsibility is only two weeks away. . . . . . At the same time, the Law & Society Association will be meeting in Chicago, and as usual there will be a lot...

around the web (May 17, 2010)

Posted on May 17, 2010
Privity can still matter: a New York case rejects an effort to sue the adversary's lawyer. (nod to NY Attorney Malpractice Blog) . . . . . Via the Ethical Quandary, a law firm suffers a $1 million embezzlement. ....

California bar exam PR question (February 2010 test)

Posted on May 17, 2010
Here's the PR question from the February exam. Able, Baker, and Charlie are successful attorneys who set up a law firm under the name "ABC Legal Services LLP" ("ABC LLP"). They agreed to share profits and losses equally. Able prepared...

NYT's new philosophy blog uses lawyers as foil

Posted on May 17, 2010
We are, it appears, the very definition of what a philosopher is not.

Building Better Lawyers Conference

Posted on May 17, 2010
Held last week by USC at Stanford, the conference had a lot of energy and vision about developing lawyers in law school and in firms. The general counsel who attended didn't seem to dislike first year associates so much as...

what's going on (May 17, 2010)

Posted on May 17, 2010
General counsel say that alternate billing practices are taking root. . . . . . Florida banks can process and charge for mortgage documents -- without committing UPL. . . . . . I wish I had a better handle...

"On Zimbabwe's death row without a lawyer"

Posted on May 17, 2010
This sentence grabbed my attention: After 13 years on Zimbabwe's death row, George Manyonga is still waiting to see his lawyer.

$16 million typo?

Posted on May 12, 2010
Story here about one incorrect date in a 732 page document.

Male lawyers are overconfident about outcomes, study suggests

Posted on May 12, 2010
Story here. I've sometimes wondered about an internal prediction market as a tool for training younger lawyers about outcomes. Before heading down to law and motion practice, I'd sometimes ask all the lawyers working on the matter to predict the...

"Did 16 Law Schools Commit Malpractice?" - Spirit vs. Formalism; Cooking the books as teaching ethics

Posted on May 11, 2010
Paul Caron shows that sixteen law schools could have bettered their USN&WR stats if they had declined to report employment statistics. The default value assigned by the magazine would have been better than the actual stats. Should law schools report....

Empathy in a Supreme Court Justice

Posted on May 11, 2010
The President has emphasized the importance of ? and promised to appoint -- jurists having empathy for persons in different situations than themselves. Much ridicule has been heaped on the President by his critics for this suggestion, but conservative and...

Recusal standards for Justice Kagan?

Posted on May 11, 2010
Ok, maybe I'm jumping the gun on "Justice Kagan," but the only ethics angle I've seen is this looming issue (not a big issue or one that's likely to drive the process) about the standards for recusal when she steps...

Building Better Lawyers Conference; May 13-14; Palo Alto

Posted on May 11, 2010
Run by Southern Cal; held at Stanford. One aspect of the conference that I really like is the use of law firms' internal materials on professional development. I wonder if some law schools might ask to use biglaw "bootcamp" materials...

odds and ends (May 11, 2010)

Posted on May 11, 2010
Law firm under investigation for false documents filed in foreclosure cases. . . . . . Former partner at Kutak firm challenges a provision by which the firm can "claw back" the departing partner's capital account. Firms use them to...

Santacroce & Kuehn, "Survey of Applied Legal Education"

Posted on May 11, 2010
Paper here. It has an almost overwhelming amount of data regarding applied legal education (clinics and field placements). PR is a common co-requisite course for those programs. Abstract This report presents the results of the 2007-08 Center for the Study...

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