Legal Ethics

  • August 26, 2024

    Conn. Judge Hints Split Fee Collection Case May Be Too Late

    A Connecticut judge on Monday said he was leaning toward dismissing a case seeking to access an alleged fee split in a $25,000 personal injury case, hinting that the Law Office of Justin C. Freeman LLC likely waited too long to file its lawsuit before dissolving.

  • August 26, 2024

    Substitute Atty Must Get Access To Discovery, NJ Panel Says

    The attorney representing the estate of a murdered New Jersey mobster-turned-informant must be given access to confidential discovery information that was provided to a previous attorney on the case, the state Appellate Division ruled today.

  • August 26, 2024

    Racial Gaps In Mich. Judicial Discipline Process, Audit Finds

    Black judges in Michigan are more likely to be subject to a full misconduct investigation and receive "significantly" more grievances than their white counterparts, according to a preliminary audit from the National Center for State Courts.

  • August 26, 2024

    Cadwalader Fears Unsealing Financial Info May Harm Firm

    Cadwalader Wickersham & Taft LLP has argued in North Carolina Business Court that unsealing financial details related to a November 2022 data breach and its insurance policy with a Lloyd's of London syndicate would put the firm at further risk from competitors and bad actors.

  • August 26, 2024

    Texas Cases To Watch In Last Half Of 2024

    Courts across the state are poised to make decisions in several high-stakes cases over the next several months, including ruling on whether Texas Attorney General Ken Paxton can be deposed in a long-running employment retaliation suit and whether a challenge to Texas' floating Rio Grande barrier must be tried before a jury. 

  • August 26, 2024

    Insurer Wants Out Of Pa. Wig Widow's $4.5M Benefit Dispute

    Lincoln National Life Insurance Co. asked a Pennsylvania state court to let it bow out of a dispute between a Pittsburgh wig and healthcare magnate's widow and his family partnership, arguing Monday that the court, not the insurer, had to choose between competing claims for a $4.5 million policy payout.

  • August 26, 2024

    Ex-Branscomb Atty Must Comply With Arbitration Award

    A Texas appellate court said that a former attorney with Branscomb PC must abide by an arbitration award issued in his dispute over his termination from the firm, writing that if he had an issue with the award, he should have raised it with the arbitrator.

  • August 26, 2024

    New Jersey Cases Attorneys Are Watching In 2024

    Jersey City is fighting the Garden State's cannabis legalization law and argues it conflicts with federal gun control legislation, while the bankrupt former chief financial officer of McElroy Deutsch Mulvaney & Carpenter LLP is facing civil claims he defrauded the firm and paid himself millions in unauthorized salary.

  • August 23, 2024

    Del. Chief Judge Tells IP Biz Owner To Show Up, Pay $53K

    Delaware's top federal judge Friday ordered a Texas-based patent litigation business owner to appear before him to address what he called a "potential fraud on the court" and "misconduct" by the firm's counsel, adding she'll have to pay $53,000 in accrued sanctions for refusing to show up in-person since last year.

  • August 23, 2024

    Girardi Says High Court Holding Should Gut His Fraud Case

    Tom Girardi has urged a California federal judge to toss the majority of the wire fraud charges he is facing ahead of closing arguments in his trial, saying a 1960 U.S. Supreme Court case demonstrates he was charged for nothing more than receiving legally required wire transfers.

  • August 23, 2024

    Former Snyder Aide Says No Immunity For Flint Prosecutors

    A top aide to former Michigan Gov. Rick Snyder who had faced criminal charges for the Flint water crisis is fighting Michigan prosecutors' attempts to dodge a lawsuit claiming that they violated his due process rights.

  • August 23, 2024

    NC Justice Dept. Atty's Promotion Bias Suit Cleared For Trial

    The North Carolina Department of Justice will face an attorney's race and sex discrimination claims at trial after a federal judge rejected the agency's bid for summary judgment, finding that a dispute remains about whether there was a legitimate reason for not promoting her.

  • August 23, 2024

    Wash. Justices Affirm Convicted Ex-State Auditor Disbarment

    The Washington Supreme Court affirmed a recommendation to disbar convicted former state auditor Troy X. Kelley after he was imprisoned on felony theft charges, finding that Kelley's crimes justified the disbarment sanction.

  • August 23, 2024

    Ex-Reed Smith Atty Wants Pay Data In Bias Suit Against Firm

    A former Reed Smith LLP attorney suing the firm for gender discrimination has told a New Jersey state court that the firm must turn over pay data for nonequity partners stretching back years for her to make her case.

  • August 23, 2024

    Client Wants Atty's Wife Held In Contempt In Malpractice Case

    A couple awarded a $1.2 million default malpractice judgment against their former lawyer have asked a Colorado state judge to hold the attorney's wife in contempt after she said in a deposition she failed to check whether she and her husband had joint bank accounts or to bring documents, as required by a subpoena. 

  • August 23, 2024

    Young Thug Atty Says Contempt Charge Must Be Overturned

    An attorney representing Atlanta rapper Young Thug urged the Georgia Supreme Court on Thursday to reverse the 20-day jail sentence and contempt of court conviction he received after refusing to divulge how he learned about a closed-door meeting between prosecutors, a witness and the original judge presiding over the rapper's racketeering trial.

  • August 23, 2024

    JPMorgan's $26K Atty Fee Award Overturned By Conn. Panel

    A Connecticut appeals court on Friday reversed JPMorgan's nearly $26,000 attorney fee-shift and cost award in a case involving a $250,000 promissory note, holding a trial judge improperly awarded the recovery because the bank waited "more than one year" to seek it after scoring summary judgment.

  • August 23, 2024

    Mich. Atty Guilty Of Murdering Client Faces Disbarment

    The Michigan Supreme Court's prosecutorial arm on Friday urged the state's attorney watchdog to disbar a lawyer who was sentenced to spend life in prison for conspiring to kill his wealthy client to gain access to the client's trust, saying the attorney's conduct was "heinous and reprehensible."

  • August 23, 2024

    Former NY Atty Gets Prison For Theft Of $800K From Clients

    A disbarred New York real estate attorney has been sentenced to prison and ordered to pay restitution for stealing over $800,000 from three former clients by taking their money from his escrow account.

  • August 23, 2024

    ABA Guides Lawyers On Avoiding Criminal Transactions

    Just over a year after the American Bar Association formalized long-standing due diligence rules for attorneys' interactions with clients, an ABA committee on Friday released its first ethics opinion providing guidance on interpreting the rules amendment.

  • August 23, 2024

    Georgia Cases To Watch In The Last Half Of 2024

    The prosecutions of former President Donald Trump and his election interference case codefendants, along with Atlanta rapper Young Thug's bid to have the judge overseeing his racketeering trial removed from the case, will take center stage in Georgia's courts as we enter the second half of 2024.

  • August 23, 2024

    Attys Fight Over Fee Award In Conservative Group's IRS Win

    A prominent conservative lawyer says like-minded election integrity group True the Vote owes his firm over $500,000 in attorney fees for a suit against the Internal Revenue Service that was settled years ago, telling a D.C. federal judge Friday that it's time for TTV to pay up.

  • August 23, 2024

    NJ Panel Backs Dismissal Of Whistleblower Suit

    A former New Jersey assistant prosecutor did not provide a clear enough link between complaints he filed against his boss and an alleged retaliatory disciplinary action, a New Jersey appellate panel ruled Friday when it dismissed his whistleblower suit.

  • August 23, 2024

    Client Says Negligence Led To NJ Firm's Ransomware Attack

    A client of The Wacks Law Group LLC hit the New Jersey firm with a proposed class action claiming that its negligence in properly securing its data storage led to the theft of hundreds of clients' personal information in a March cyberattack.

  • August 23, 2024

    Ohio Judge Dinged For Public Posts About Guardianship Spat

    The Ohio Supreme Court has publicly reprimanded a probate court judge for allowing staff to make inaccurate comments to the press about a guardianship case and for posting comments about the case on the court's Facebook page, including accusing a man of elder abuse without evidence.

Expert Analysis

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Why Fed. Circ. Affirmed Attorney Fee Award In PersonalWeb

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    A recent Federal Circuit decision to leave a $5.2 million fee award in place in the PersonalWeb patent case underscores district courts' discretion to sanction unreasonable arguments and litigation tactics under the U.S. Code's attorney fee provision, say attorneys at Shearman. 

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Opinion

    Animal Rights Are About Saving Nature, And Our Own Future

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    The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.

  • The Ethics Of Accepting Advanced Legal Fees In Crypto

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    State and local bar associations have been weighing in on whether attorneys may accept cryptocurrency as a form of payment in advance of providing legal services, but the answer is frequently a fact-specific inquiry that demands close reading of the rules of professional conduct, say Matthew Feinberg and Jeffrey Cunningham at Goldberg Segalla.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • 5 Gifts That May Run Afoul Of Government Ethics Rules

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    As the holiday season ramps up, it’s essential to keep in mind that government officials and employees are all subject to specific gift rules, and related violations can lead to consequences far worse than coal in one’s stocking, say Mark Renaud and Rob Walker at Wiley.

  • 3 Defense Takeaways From The Bankman-Fried Trial

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    FTX founder and former CEO Sam Bankman-Fried’s recent fraud conviction offers several key lessons for future white collar defendants, from the changing nature of cross-examination to the continued risks of taking the stand, say Jonathan Porter and Gregg Sofer at Husch Blackwell.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

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