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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

Jail time for masterminds of decade-long litigation scam operation

Posted on May 11, 2010
They weren't lawyers, but they sure knew how to fraudulently work the legal system. It was a tow company that lied, cheated, and suborned perjury. Now it'll be jail time.

AALS PR Section Dinner in Seattle on June 4

Posted on May 11, 2010
The professional responsibility section of the AALS is organizing a dinner on Friday, June 4th in Seattle in connection with the ABA?s National Conference on Professional Responsibility. We are reserving a private area at a restaurant near the conference and...

Articles of Interest

Posted on May 10, 2010
Several newly posted SSRN articles caught my eye. This one is an informal book chapter by Professor Stephen Pepper, the author of numerous classic articles on legal ethics. According to the abstract, it "provides an introduction to practical ethics for...

Kagan and Sotomayor: good for the lawyers?

Posted on May 10, 2010
Assuming that Elena Kagan will be the next nomination to the Supreme Court, do any of our readers have thoughts on how Sonia Sotomayor and Kagan will affect the legal profession?

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Recusal for US Solicitor General going on the Supreme Court

Posted on May 10, 2010
Recusal issues likely will be discussed extensively in the Kagan hearing. I would say that she should recuse from those cases in which she has represented the United States or any other client. The more difficult question involves other cases...

what's going on (May 10, 2010)

Posted on May 10, 2010
Amazing story: criminal defense lawyer suspected that the client's twin brother was stepping in for the client. Should the lawyer report the situation to the court and have the "client" finger-printed to make sure? . . . . . Here's...

Recusal for Law Professors on Leave in Government?

Posted on May 10, 2010
The article below says that the Deputy White House Counsel was working against the nomination of Elena Kagan, a faculty member from the same law school, for the Supreme Court. http://abovethelaw.com/2010/05/more-clues-that-it-will-be-kaganjudge-wood-learned-yesterday-that-she-isnt-the-nominee/ I have no idea if this is true...

Ethical Quandary - Trending: Lawyer Mobility Eroding State Jurisdiction Boundaries

Posted on May 10, 2010
Details here.

Practitioners one month, academic observers the next?

Posted on May 07, 2010
In today's NYT David Brooks has an article on the shift in the US Army's approach to fighting counter insurgency. He argues that the capacity of the army to do so arose from the fact that its leadership was both...

odds and ends (May 7, 2010)

Posted on May 07, 2010
A judge from Zimbabwe's highest court calls for heightened professionalism among lawyers and includes this example, ?If, for example, a murderer comes to you and confesses that he or she murdered someone but wants you to plead not guilty in...

Charles Geyh, "Judicial Politics, the Rule of Law and the Future of an Ermine Myth"

Posted on May 06, 2010
Charles Geyh, a leading scholar on judicial ethics, has posted this article. (nod to Legal Theory Blog, where Larry Solum touts the article but also takes issue with it.) Abstract: According to a Renaissance myth, the ermine would rather die...

The Gulf Oil Spill and the Lawyers: Thinking About 1.13(f) and 4.3

Posted on May 06, 2010
Wade Goodman had a remarkable report on All Things Considered tonight. The gist is this: Workers who survived the oil rig explosion were kept off shore at a hotel after being evacuated, apparently incommunicado, and were presented with documents to...

Class action over New York's public defender system

Posted on May 06, 2010
We've been covering this issue for some time, but now comes news from WSJ Law Blog that the high court in New York has approved a class action suit about the efficacy of the public defender system there. Opinion here.

Michael Downey, "An Introduction to Law Firm Practice"

Posted on May 05, 2010
Michael Downey, of the Hinshaw firm, started teaching a law practice management at Wash. U. and decided to assemble his own materials, including hypos field-tested with economic consultants to law firms. Now Downey has published them in a book soon...

A sign of the (desperate) times . . .

Posted on May 05, 2010
Above the Law reports that an "asset management company" is seeking lawyers for full- or part-time IP work. The company is asking the lawyers to pay $300 per month in administrative fees for the privilege of joining the venture as...

Useful round-up of recent ethics opinions on ghostwriting briefs

Posted on May 05, 2010
Over at Legal Informatics Blog.

Sen. Specter tries to revive Stoneridge liability for law firms

Posted on May 05, 2010
He's attaching a provision to the Wall Street reform bill. Story at WSJ Law Blog. Would that mean that law firms effectively must contribute each time a corporate client engages in securities law fraud, whether or not there's a showing...

Regan and Heenan on the Disaggregation of Legal Services

Posted on May 04, 2010
I highly recommend spending some time with the new issue of the Fordham Law Review, which is devoted to the papers from the symposium, "The Economic Downturn and the Legal Profession." Mitt Regan and Palmer Heenan (a Georgetown 2L) contributed...

David Van Zandt, "The Evolution of J.D. Programs - Is Non-Traditional Becoming More Traditional?" (The Keynote Address of the Southwestern Law Review Conference)

Posted on May 04, 2010
Article. Abstract: Dean David Van Zandt presented the keynote address at the 2009 Southwestern Law Review symposium, ?The Evolution of J.D. Programs: Is Non-Traditional Becoming More Traditional?? The best legal education must focus on preparing students for 21st-Century legal careers...

Holland-Dozier-Holland ask, "Where did our claim go?"

Posted on May 04, 2010
Famed song writing team Holland Dozier Holland have sued their former lawyers for malpractice. New York Attorney Malpractice Blog has the recent developments, including denial of a motion to amend, because the proposed claim is time barred.

"The Guantanamo Lawyers: Inside a Prison Outside the Law"

Posted on May 04, 2010
First hand accounts of Gitmo lawyering, collected in a book. (nod to Concurring Opinions)

Paula Young, "Teaching Professional Ethics to Lawyers and Mediators Using Active Learning Techniques"

Posted on May 04, 2010
Article here. Abstract: This article briefly discusses the barriers that exist to learning about professional ethics in the law school environment. It considers the possible approaches to teaching legal and mediation ethics to new and experienced practitioners...

Tony Mauro, "Little Progress on Minority Clerks"

Posted on May 04, 2010
Story here. We recently learned the very disappointing news that the total number of African-American and Latino law students has declined in absolute numbers over the last decade. As we look to improve the diversity of the profession, we have...

"Pay Czar" slams biglaw fees in bankruptcy matter

Posted on May 03, 2010
WSJ covers the story.

Robert Wechsler, "Legal Ethics vs. Government Ethics"

Posted on May 03, 2010
In an interesting blog post, Robert Wechsler analyzes how the legal ethics rules were applied in the matter of the government lawyer involved in the Kwame Kilpatrick affair. Wechsler writes: A government official's obligations are far stronger than a lawyer's...

NJ discipline matter brings old ethics joke to mind

Posted on May 03, 2010
Q: What's the ethical issue when you realize your client overpaid the bill? A: Should you tell your law partners? It's an old joke, and is told in various ways. (For details, see Marc Galanter's book.) But a recent discipline...

A Treaty for Conflicts

Posted on May 02, 2010
I'm on a 20/20 working group charged, among other things, with dealing with issues that arise from the lack of uniformity of ethics rules among US (not to mention foreign) jurisdictions. As we know, the rules largely imagine a single...

Maine rule change helps out law school clinics

Posted on May 02, 2010
Law clinics may be under attack in Maryland and Louisiana, but the Maine Supreme Court has extended a helping hand to law school clinics by adopting a new Rule 1.10(e) that relaxes the usual imputation rules when a lawyer from...

Second Circuit applies Padilla v. Kentucky; reverses conviction

Posted on May 01, 2010
George Conk, at Otherwise, has the news about Cerna v. United States.

Should PR profs teach values?

Posted on May 01, 2010
Thoughts at Prawfsblawg, from Marc DeGirolami.

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