Legal Ethics

  • May 02, 2024

    Schumer Reups Call For His Judge Shopping Bill

    Senate Majority Leader Chuck Schumer, D-N.Y., said Thursday that a suit filed in a controversial Texas court challenging a new firearms policy from the Biden administration underscores the need for his bill to restrict so-called "judge shopping."

  • May 01, 2024

    Eastman Denied Stay Of Inactive Status To 'Safeguard' Public

    A State Bar Court of California judge on Wednesday denied a request from Donald Trump's onetime attorney John Eastman to delay placing him on inactive enrollment while he appeals the recommendation for his disbarment, saying he hasn't shown that "he no longer presents a threat to the public."

  • May 01, 2024

    Amazon Can't Sanction Atty In Chinese Seller Award Case

    Amazon can't sanction a Manhattan lawyer for her alleged history of using "frivolous" legal arguments to try to send back to state court litigation to vacate arbitral awards involving Chinese sellers, a New York federal judge ruled Wednesday.

  • May 01, 2024

    NY Lawmakers Call For Cop-Shoving Judge's Replacement

    New York State Senate Judiciary Committee members said that either the governor or senate should ensure Justice Mark Grisanti is ousted after an ethics panel opted not to remove the Buffalo judge who brawled with neighbors, shoved a cop and invoked his ties to power, among other unethical behavior.

  • May 01, 2024

    Trump's Firm Can't Yet Withdraw After Atty-Client 'Breakdown'

    A Manhattan federal judge won't yet allow the attorneys representing Donald Trump's campaign to withdraw from a pregnancy retaliation suit brought by a former campaign aide over what they called an "irreparable breakdown in the attorney-client relationship," but on Wednesday set a conference to review the request behind closed doors.

  • May 01, 2024

    Fed. Judge's Handcuffing Of Girl Was Misconduct, Panel Says

    The Judicial Council of the Ninth Circuit found Wednesday that a California federal judge who ordered a crying 13-year-old girl in his courtroom be handcuffed engaged in judicial misconduct, issuing a reprimand for his actions and ordering that the judge not be assigned new criminal cases for three years.

  • May 01, 2024

    Mich. Atty Can't Avoid Suspension For Frivolous Cases

    The Michigan Attorney Discipline Board has said a 100-day suspension is appropriate for an attorney accused of filing frivolous claims and misleading federal and state courts while representing clients in cases against governmental entities and elected government officials.

  • May 01, 2024

    More Withdraw From Conn. Atty Hacked Payment Lawsuits

    A series of withdrawals has cut into a voluminous pile of lawsuits surrounding a real estate attorney's wiring of money to the wrong people in connection with several real estate sales, with First American Title among the parties that filed recent withdrawal notices in the myriad matters.

  • May 01, 2024

    Former Calif. Law Student's ADA Suit Gets Tossed

    A California federal judge has thrown out a long-running suit by a former student at the John F. Kennedy College of Law's Northern California campus, who accused the university of failing to provide the pro se litigant with reasonable accommodations, finding the student received more help than he requested.

  • May 01, 2024

    NJ Atty Fights 'Hare-Brained' Malpractice Claims In RE Dispute

    A suspended New Jersey attorney is seeking summary judgment and sanctions for a "hare-brained" attempt by Chaitman LLP to mount a third-party complaint holding him liable for allegedly providing bad legal advice that prompted a malpractice case between Chaitman and former clients.

  • May 01, 2024

    Kirkland Rips 'Tortured' Theory In Texas Judge Romance Suit

    Kirkland & Ellis LLP's inclusion in a Texas federal suit accusing it of conspiring with Jackson Walker LLP, a disgraced Texas bankruptcy judge and a former Jackson Walker partner who was his romantic partner to oust a CEO is based on "a tortured theory" and "flimsy facts," the firm declared.

  • May 01, 2024

    In Trump Staredown With NY Judge, 'Somebody Has To Blink'

    Experts say Donald Trump will likely continue to ignore warnings from the court, and possibly his own attorneys, as his Manhattan hush money trial resumes Thursday with a fresh set of arguments over the presumptive Republican presidential nominee's out-of-court statements.

  • May 01, 2024

    Ex-Seton Hall President Fights Bid To Toss Whistleblower Suit

    Seton Hall University's former president is fighting to keep his explosive whistleblower suit against the school alive, arguing that he should be allowed to pursue his claims in court despite terms in his severance agreement stating otherwise because Seton Hall already violated that agreement by slashing his salary.

  • May 01, 2024

    Law Firm Fabiani Hit With Race, Gender Bias Suit

    A Black female insurance and construction law attorney sued Fabiani Cohen & Hall LLP and its three name partners Tuesday in New York federal court, alleging she was subjected to a "despicable campaign" of harassment for more than a decade.

  • May 01, 2024

    Ex-FDIC Atty Gets 20-Year Sentence In Child Exploitation Case

    A former attorney with the Federal Deposit Insurance Corp. who admitted to participating in online groups aimed at sexually exploiting children has been sentenced to 20 years in prison.

  • May 01, 2024

    Celeb Charity Says Law Firm Partner Went Rogue, Leaked Info

    The nonprofit responsible for handling more than $8 million donated to NFL safety Damar Hamlin following his on-field cardiac arrest has lodged a suit in Illinois federal court against its former counsel, claiming a lawyer leaked private documents to the press as retribution for his firing after publicizing faulty information.

  • April 30, 2024

    Reed Smith Beats Ex-Paralegal's Sprawling Bias Suit

    A former Reed Smith LLP paralegal hasn't shown that the firm's flagging of her work performance issues and her eventual termination stemmed from age and race discrimination, a New Jersey federal judge ruled Tuesday, handing the law firm a final win in the nearly 9-year-old litigation.

  • April 30, 2024

    Attys Barred From Practicing Over Ch. 13 Real Estate Scams

    Enforcement actions against two consumer bankruptcy attorneys who admitted they hid their involvement in schemes to acquire their clients' homes during Chapter 13 proceedings have resulted in sanctions barring them from practicing in certain districts, the U.S. Department of Justice's Trustee Program announced Tuesday.

  • April 30, 2024

    Justices Told Error Admission Merits Respect In Capital Case

    Attorneys general from across the country implored the U.S. Supreme Court on Tuesday to give the "utmost" deference to Oklahoma's confession that prosecutorial misconduct led to the wrongful conviction of a death row inmate and to overturn a state court ruling that rebuffed the admission and upheld the conviction.

  • April 30, 2024

    Texas Appeals Panel Keeps Court Reporter's AI Case Alive

    An Austin, Texas, appeals panel on Tuesday kept alive a court reporter's attempt to pursue an administrative complaint against an artificial intelligence-powered "digital reporting firm," rejecting a state agency's argument that jurisdictional issues block the court reporter from seeking a writ of mandamus compelling the agency to consider her claims.

  • April 30, 2024

    Atty Tells Trump Jury That Hush Money Deal Almost Tanked

    An attorney who previously represented adult film star Stormy Daniels told jurors Tuesday in the New York criminal trial of Donald Trump about how the $130,000 hush money agreement at the heart of the case was nearly derailed after former Trump lawyer Michael Cohen would not close the deal.

  • April 30, 2024

    9th Circ. Says Calif. Bar Didn't Violate Student's Fed. Rights

    The Ninth Circuit on Tuesday affirmed the dismissal of an octogenarian law school student's claims that the State Bar of California violated his 14th Amendment protected rights when it refused to excuse his delay in taking a first-year exam, saying the California Supreme Court has original jurisdiction over admission matters.

  • April 30, 2024

    Debt Box Wants Attorney Fees Paid If SEC Brings New Action

    Crypto project Debt Box has asked a Utah federal judge to impose multiple "guardrails" if the court allows the U.S. Securities and Exchange Commission to refile its troubled registration suit against the firm, including payment of all attorney fees arising from the original, compromised suit.

  • April 30, 2024

    Colo. Justice Says Judges Need To Squash Lawyers' Sniping

    Colorado Supreme Court Justice Richard L. Gabriel said Tuesday that more judges should call out lawyers' unprofessional behavior in their courtrooms to help restore civility in the profession, aiming to stamp out those behaving like "kids fighting in the sandbox." 

  • April 30, 2024

    Sills Cummis Atty Must Sit For Deposition In Malpractice Suit

    A New Jersey state court judge has directed a Sills Cummis & Gross PC attorney to soon sit for a deposition in a malpractice suit filed by the former manager of musician, producer and songwriter Nile Rodgers.

Expert Analysis

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • What Law Firms Should Know Amid Rise In DQ Motions

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    As disqualification motions proliferate, law firms need to be aware of the types of conflicts that most often lead to disqualification, the types of attorneys who may be affected and how to reduce their exposure to these motions, says Matthew Henderson at Hinshaw.

  • Data Protection Steps To Consider After Biden Privacy Order

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    A recent White House executive order casts a spotlight on the criticality of securing sensitive content communications, presenting challenges and necessitating a recalibration of practices, especially for lawyers, says Camilo Artiga-Purcell at Kiteworks.

  • Surveying Legislative Trends As States Rush To Regulate AI

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    With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.

  • How Duty Of Candor Figures In USPTO AI Ethics Guidance

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    The duty of candor and good faith is an important part of the artificial intelligence ethics guidance issued last week by the U.S. Patent and Trademark Office, and serious consequences can visit patent and trademark applicants who violate that duty, not just their attorneys and agents, says Michael Cicero at Taylor English.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Why Incorporating By Reference Is Rarely Good Practice

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    The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.

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