Legal Ethics

  • October 02, 2024

    Tenn. Atty Sues Federal Court, Judges Over Gag Order Rule

    A rule of the U.S. District Court for the Middle District of Tennessee barring attorneys from making "any extrajudicial statements" about cases pending in the district violates the First Amendment and should be blocked, according to a Nashville civil rights lawyer.

  • October 02, 2024

    Bullying In Law Is Pervasive, Drives Turnover, Ill. Attys Say

    Nearly a quarter of those who responded to a recent large-scale survey of Illinois lawyers said they had been bullied at work within the last year, with those numbers spiking among women and other traditionally underrepresented attorneys in the profession, a report released Tuesday found.

  • October 02, 2024

    Baker Donelson Must Face Mississippi Ponzi Scheme Suit

    A Mississippi federal judge has denied Baker Donelson's effort to escape civil conspiracy claims alleging the firm allowed a timber company's $164.5 million Ponzi scheme to unfold, with the judge stating he was "not persuaded" by the firm's argument, as it was based on the Eleventh Circuit's interpretation of Florida law.

  • October 02, 2024

    NYC Mayor Adams May Face More Charges, Feds Say

    Prosecutors told a Manhattan federal judge Wednesday it was "possible" they would charge New York City Mayor Eric Adams with additional crimes in his corruption case, indicating they have evidence he told witnesses to lie to the FBI.

  • October 01, 2024

    Trump Cries Voter Interference As Immunity Brief Hits Docket

    Former President Donald Trump on Tuesday slammed special counsel Jack Smith's bid to publicize some evidence in a voluminous filing over Trump's presidential immunity to election interference charges, reiterating allegations that it's a "politically motivated manifesto" aimed at influencing voters on the eve of the 2024 election.

  • October 01, 2024

    Attys Contest $1M Wrongful Conviction Referral Fee

    A Michigan attorney has accused a well-known wrongful conviction lawyer of withholding nearly $1 million in fees she says she's owed for referring a client who went on to win an $8.5 million settlement for his imprisonment, though the client says the attorney didn't actually help him find the firm that ended up representing him.

  • October 01, 2024

    Foley & Lardner Accused Of Malpractice In GWG Transactions

    Foley & Lardner LLP did not heed the fiduciary duty it owed to GWG Holdings when it facilitated loans and other transactions unfair to the life insurance-backed bond seller and, instead, enriched a group of "corrupt" shareholders, according to a lengthy adversary lawsuit filed in Texas bankruptcy court.

  • October 01, 2024

    Water Firm Can't End Flint Children's Negligence Claims

    The federal judge presiding over Flint, Michigan, water crisis litigation again ruled on Tuesday that an engineering firm won't be able to avoid professional negligence claims related to its consulting work with the city, issuing the 70-page opinion days before jury selection for a bellwether trial begins.

  • October 01, 2024

    EEOC, Hooters Not Taking Bias Suit 'Seriously,' Judge Chides

    Attorneys for the U.S. Equal Employment Opportunity Commission and Hooters got a dressing down Tuesday by a federal judge in North Carolina who accused them of dragging their feet and wasting the court's time by asking for deadline extensions without making meaningful progress.

  • October 01, 2024

    Buchanan Ingersoll, McNees Wallace Duck Athlete's Bias Suit

    A Pennsylvania federal judge threw out a former student athlete's abuse of process claims against Buchanan Ingersoll & Rooney PC and McNees Wallace & Nurick LLC over their representation of an athletic association in an unsuccessful challenge over his eligibility to play postseason high school sports.

  • October 01, 2024

    McElroy Deutsch Must Face 'Malicious' Claim From Fired Exec

    A former business development director from McElroy Deutsch Mulvaney & Carpenter LLP has been given the go-ahead from a New Jersey state judge to bring a malicious-prosecution claim against the firm in litigation over her and her husband's alleged multimillion-dollar embezzlement from the firm.

  • October 01, 2024

    Ex-Interior Dept. Deputy's Oil Stocks Violated Ethics Laws

    The onetime deputy secretary of the Interior, Tommy Beaudreau, who moved into private practice last year and now co-leads WilmerHale's energy practice, violated government ethics laws by failing to recuse himself from drilling-related matters while knowingly holding petroleum stocks, according to an internal watchdog's ethics report released Tuesday.

  • October 01, 2024

    Fla. Justices Urged To Nix Ruling Axing Malpractice Award

    A former client of The Ferraro Law Firm PA is asking the Florida Supreme Court to consider restoring its $1.5 million legal malpractice arbitration award, arguing the Third District Court of Appeal created a new pleading requirement in arbitrations.

  • October 01, 2024

    Apple, Amazon Hint Hagens Berman Lacked Client's OK

    Amazon and Apple blasted Hagens Berman Sobol Shapiro LLP for seeking to withdraw as counsel for the no-show original lead plaintiff in an antitrust suit targeting iPhone and iPad sales, hinting that the firm continued to pursue the case even after knowing its client wished to drop out.

  • October 01, 2024

    Wigdor Sued For Dragging Cuomo Aide Into Harassment Case

    Former New York Gov. Andrew Cuomo's spokesperson hit Wigdor LLP with a malicious prosecution suit Tuesday, claiming the well-known employment law firm filed a bogus retaliation claim against him for likening a sexual harassment suit against Cuomo to extortion.

  • October 01, 2024

    Colo. Murder Case Prosecutors Censured After Botched Probe

    Two Colorado attorneys who worked as prosecutors in the failed high-profile prosecution of a man charged with murdering his wife have agreed to public censure as discipline for their roles in the botched proceeding that led to a recent opinion disbarring the elected district attorney who oversaw the case.

  • October 01, 2024

    NJ Panel Backs Conflicts Waiver, Rejects Online Rebukes

    A New Jersey Supreme Court committee overseeing attorney ethics rules has decided against recommending the state bar's request to give lawyers latitude to disregard client confidentiality when responding to posts online accusing them of misconduct, while supporting conflict of interest waivers for the state's attorney general.

  • October 01, 2024

    Foreclosure Class Wants To Stop Mich. Atty's Victim Outreach

    Lawyers behind a proposed tax foreclosure class action in Michigan federal court have said an attorney who recently secured a settlement in a similar case sent a misleading solicitation letter to a client in a bid to undermine the proceedings.

  • October 01, 2024

    Ga. Atty Disbarred For Taking $850K From Investor Clients

    The Georgia Supreme Court disbarred an attorney Tuesday for mishandling about $850,000 of his real estate investor clients' money, concluding that such a severe sanction is "consistent with similar cases in which a lawyer abandons clients, violates the rules related to trust accounts and defaults during the disciplinary process." 

  • October 01, 2024

    When The Client Is The Mayor, The Usual Rules Don't Apply

    Representing a public official, whether the mayor of New York City, a state legislator or a city council member, poses unique challenges for even the most experienced lawyers, who often find themselves torn between fighting battles in the press and protecting their client in court.

  • October 01, 2024

    Adams Says Feds Sought To 'Tarnish' Him With Leaks

    New York City Mayor Eric Adams asked a Manhattan federal judge Tuesday to sanction Southern District prosecutors for allegedly leaking the details of a criminal investigation for nearly a year leading up to his corruption indictment, saying negative press has hurt his standing with the public and undermined his right to a fair trial.

  • October 01, 2024

    NYC Bar Urges Congress To Place Ethics Rules On High Court

    The New York City Bar Association called on Congress to put U.S. Supreme Court justices under enforceable ethics rules in a report released Tuesday, throwing its support behind reforms, such as the creation of a Judicial Investigation Panel and an Office of the Inspector General.

  • September 30, 2024

    Epic Judge Slams Apple's 'Bad Behavior' Managing Discovery

    A California federal magistrate judge overseeing discovery in Epic Games' antitrust compliance fight with Apple has refused to grant Apple's request to extend a compliance deadline to produce documents, slamming the tech giant for its "bad behavior" and eleventh-hour extension request and noting Apple has extensive resources to meet Monday's deadline.

  • September 30, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    The year's spookiest month is looking scary-good for appellate aficionados, as famed oral advocates joust in October over net neutrality and Uber's extraordinary bid to unravel multidistrict litigation — just two of the high-profile arguments previewed in this edition of Wheeling & Appealing. October also begins with former President Jimmy Carter turning 100, and we'll test your knowledge of his profound impact on the judiciary.

  • September 30, 2024

    US Trustee Says Reed Smith Didn't Disclose Eletson Ties

    The U.S. Trustee's Office is asking a New York bankruptcy judge to claw back the fees and expenses law firm Reed Smith LLP has earned representing shipping firm Eletson Holdings in its Chapter 11 case, saying it failed to disclose ties with Eletson directors.

Expert Analysis

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • What Panama Canal Award Ruling Means For Int'l Arbitration

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    As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Alleged $636M Deal Error Highlights Ethics Considerations

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    Adelman v. Proskauer, a malpractice suit that allegedly arose from a cut-and-paste error resulting in potential damages of $636 million, presents an intriguing juxtaposition of facts and legal issues — and practical ethical considerations for transactions attorneys, says Richard Leisner at Trenam Law.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Alleged $636M Deal Error Shows Value Of Old-School Methods

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    Though Proskauer Rose has now settled claims involving a copy-paste error in deal documents that could have resulted in $636 million in damages, the debacle reminds attorneys that classic revision methods using paper copies can help avoid drafting errors and actually save time in the long run, says Richard Leisner at Trenam.

  • Twitter Sanction Highlights Privacy Law's Complexity

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    The D.C. Circuit's recent decision to uphold a sanction against X Corp., formerly known as Twitter, for failing to produce account records in response to a subpoena highlights the importance of understanding the Stored Communications Act, particularly when deciding to produce or not produce data, says Cary Aronovitz at Holland & Knight.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

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