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Ethics

: Legal Ethics Forum

Legal ethics bits and pieces (August 31, 2010)

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  • From Law of Criminal Defense: in Ohio, conflicts are not imputed from public defender trial lawyers to public appellate defenders if the appellate lawyers didn't work on the matter.
  • In Arriola v. MBM, (unpublished) the California Court of Appeal dismissed the appeal of a disqualification order where the underlying class action had been settled and dismissed.  The court held that the appeal was moot, and in response to appellant's argument that the disqualification order might have disciplinary consequences, the court noted that in California the remedy of disqualification was not within the purview of the discipline systems.
  • In In re American International Refinery, the US Bankruptcy Court for the Western District of Louisiana undertook a thorough analysis of a complicated set of facts that had prompted a Trustee to seek disgorgement and sanctions against a big law firm for an alleged conflict and failure to disclose.  The result was mixed, but nothing like the Trustee had urged.
  • The ABA Journal looks at the new wave of entrepreneurs who are offering law-related services and sometimes, perhaps, even legal services.
  • From WSJ Law Blog: Supreme Court opinions buttress the billable hour. (A lot of the talk about the death of the billable hour is exaggerated, isn't it?)
  • From TheStateman.com: A court has cleared the way for a former in-house lawyer for Toyota to testify about alleged destruction of documents.  (h/t: ABA Journal)
  • From New York Attorney Malpractice Blog: a short example of why lawyers use forms for standard agreements, should use checklists, and do need to know their subject matter.

Full post as published by Legal Ethics Forum on August 31, 2010 (boomark / email).

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