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Legal Ethics
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January 17, 2025
Ex-Pol's Atty Chided For Early Morning Sentencing Memo
The lawyer for a former Massachusetts state senator convicted of tax and pandemic aid fraud was scolded by a federal judge on Friday for filing a sentencing memo at 3:30 a.m. on the day of the hearing, then showing up late to court, forcing a postponement.
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January 17, 2025
Fla. Watchdog Seeks Judge Reprimand For Election Violation
Florida's judicial ethics watchdog has recommended that Circuit Court Judge Stefanie C. Moon, who presides in the family court in Broward County, be reprimanded for actions including discussing her reelection campaign on the bench and improperly contacting a witness.
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January 17, 2025
Attorney General Nominee Bondi Outlines Ethics Parameters
Pam Bondi, President-elect Donald Trump's pick for attorney general, outlined in an ethics agreement posted on Friday how she intends to avoid possible conflicts of interest with her previous positions, such as her role as a partner at a lobbying firm, and how she will divest from Trump's media company.
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January 16, 2025
Atty Suspended Over Wrongful Imprisonment Case Fees
A Florida attorney accused of overcharging two intellectually disabled stepbrothers avoided disbarment when the New Jersey Supreme Court imposed a five-year suspension instead of opting for the permanent license revocation recommended by the court's disciplinary review board.
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January 16, 2025
Fed. Circ. Calls Newman's Constitutional Challenge 'Meritless'
The Federal Circuit Judicial Council urged the D.C. Circuit on Thursday to reject U.S. Circuit Judge Pauline Newman's argument that the suspension her colleagues have imposed on her for refusing to participate in an investigation into her fitness to serve on the bench is unconstitutional.
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January 16, 2025
Trump AG Nominee Pam Bondi's Net Worth Tops $12M
President-elect Donald Trump's nominee for attorney general, Pam Bondi, has a net worth of over $12 million and holds stock in Trump's media company, according to financial disclosures shared with Law360.
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January 16, 2025
Baltimore Court Clerk Can Proceed With Bulk Of Bias Suit
A Maryland federal judge refused Thursday to toss the bulk of a lawsuit from a Black judiciary clerk, finding she put forward enough details to support her allegations that a circuit court acted out of bias when it suspended her without pay and barred her from earning overtime.
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January 16, 2025
Leon Black Rape Case Halted As Wigdor Faces Sanctions Bid
A Manhattan federal judge froze discovery Thursday in a sexual assault case against ex-Apollo Global Management CEO Leon Black to allow him to file a sanctions motion against the Jane Doe plaintiff and Wigdor LLP, pointing to sealed documents.
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January 16, 2025
Madigan Racketeering Case Will Go To Jury
The Illinois federal judge overseeing a criminal racketeering trial against former Illinois House Speaker Michael Madigan and his longtime friend and political ally made certain Thursday that the jury will deliberate and decide the case, rejecting severance and acquittal requests on the last day of evidence.
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January 16, 2025
Ex-Atty's Audit Rightly Tied To State Farm Fight, Panel Rules
State Farm and two clients were properly ushered into a case examining a disbarred attorney's trust accounts, a Connecticut appeals court ruled Thursday, shutting down the ex-lawyer's demand for $52,100 in purported attorney fees by upholding a judge's decision linking settlement payout, audit and ethics feuds under one docket.
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January 16, 2025
Fulton DA Willis Fights Subpoenas In Trump Case Probe
Fulton County District Attorney Fani Willis this week outlined her objections to subpoenas issued by a Georgia state Senate committee investigating her prosecution of President-elect Donald Trump, arguing they are overbroad, intended to embarrass her and "defunct" due to the swearing in of a new general assembly.
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January 16, 2025
Cousins Of Wife Killed By Ex-BigLaw Atty Seek Deal Funds
The cousins of a Georgia woman killed by her husband, former Fisher Phillips partner Claud "Tex" McIver, urged a state court to block McIver's designees from receiving proceeds from a settlement of an underlying wrongful death suit, arguing that they "are implicitly her next of kin" and should receive the proceeds.
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January 16, 2025
Calif. Law Firm Settles 2 Suits Alleging Debt Relief Fraud
A debt relief law firm in California reached settlements Thursday in two separate lawsuits that accused the firm of charging its clients for worthless services, a little more than two weeks after the cases were brought in federal courts.
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January 16, 2025
Ex-Law Student Asks 11th Circ. To Revive Suit Against Judge
A former law student asked the Eleventh Circuit on Thursday to revive his lawsuit accusing U.S. District Judge Federico Moreno and three government attorneys of conspiring to ruin his job prospects and reputation, arguing that they are not immune from suit because they acted outside the scope of their employment.
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January 16, 2025
SCOTUSblog Publisher Tom Goldstein Indicted In Tax Case
Tom Goldstein, a publisher of SCOTUSblog and one of the most experienced U.S. Supreme Court lawyers in the country, was indicted Thursday in Maryland federal court on charges he schemed to evade paying taxes for years and used funds from his boutique law firm to cover gambling debts.
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January 16, 2025
'Complete Lack Of Respect' For Privilege DQs NH Prosecutor
A New Hampshire judge has disqualified the lead prosecutor and a financial expert in the state attorney general's criminal case against a casino owner, finding that they had negligently viewed material protected under attorney-client privilege.
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January 16, 2025
Defense Fights Privilege Waiver In $250M COVID Fraud Case
A Minnesota nonprofit director accused of orchestrating a $250 million fraud scheme using funds from a COVID-19 federal food program has told a federal judge that prosecutors are wrong to argue that her lawyer's testimony at her impending trial will waive her attorney-client privilege, since the lawyer would be discussing facts, not advice.
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January 16, 2025
Paxton Seeks To Nix Ethics Case After Deputy Beats Suit
Texas Attorney General Ken Paxton asked the Texas Supreme Court to toss an ethics case against him over a lawsuit challenging 2020 election results, saying the matter fails on the same separation of powers grounds that the court recently cited in nixing a similar case against his first assistant.
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January 16, 2025
1st Circ. Vacates Most Of Atty's Marijuana Bribe Conviction
The First Circuit vacated a pair of fraud convictions for a Massachusetts attorney charged in a marijuana bribery scheme, finding that sending an iMessage through an Apple cellphone is not enough to satisfy the wire fraud element requiring interstate communication.
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January 16, 2025
Giuliani Settles NY Asset Turnover Case After Trial No-Show
Rudy Giuliani on Thursday settled claims that he must turn over assets to fund a $148 million judgment for defaming two Georgia poll workers, after his failure to show up in court delayed the start of a scheduled bench trial.
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January 15, 2025
Colo. Panel Mulls If Atty Violations Can Nix Gov't Immunity
A Colorado appellate panel on Wednesday pressed a utility regulator staffer who accused state lawyers of smearing her at work, questioning whether nixing the lawyers' governmental immunity based on alleged professional misconduct would go too far.
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January 15, 2025
Davis Wright Atty Says Firm Is Trying To Push Him Out
An attorney employed by Davis Wright has launched a pro se employment discrimination lawsuit in Washington state court, accusing the firm of trying to "strong-arm" him into leaving after he reported what he described as misconduct by a partner and banishing him from its Seattle office when he threatened legal action.
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January 15, 2025
Boeing Vexes Judge In 737 Max Records Flap With Airline
The Boeing Co. can't use a now-defunct South African airline's loss of records to dodge a suit over fallout from a 737 Max airplane deal, a Washington federal judge has said, chiding the aerospace giant for offering thin circumstantial evidence of intent without any "smoking gun."
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January 15, 2025
9th Circ. Won't Review Nixed Deductions For Disbarred Atty
The Ninth Circuit on Wednesday rejected a disbarred California attorney's requests to review its December decision to uphold a U.S. Tax Court ruling denying his bid to take business deductions for the cost of challenging his disbarment and a court's declaration that he is a "vexatious litigant."
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January 15, 2025
Judge OKs More Fees In Calif. Debt Relief Firm's Bankruptcy
A California bankruptcy judge has tentatively approved an additional $2.1 million in professional fees in the bankruptcy case of a troubled debt relief firm, despite the amount of professional fees already exceeding the amount paid out to creditors so far.
Expert Analysis
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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1st Tax Easement Convictions Will Likely Embolden DOJ, IRS
After recent convictions in the first criminal tax fraud trial over allegedly abusive syndicated conservation easements, the IRS and U.S. Department of Justice will likely pursue other promoters for similar alleged conspiracies — though one acquittal may help attorneys better evaluate their clients' exposure, say Bill Curtis and Lauren DeSantis-Then at Polsinelli.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
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.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
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.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
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.
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What Panama Canal Award Ruling Means For Int'l Arbitration
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.
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Opinion
Newman Suspension Shows Need For Judicial Reform
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.
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How And Why Your Firm Should Implement Fixed-Fee Billing
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.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
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.
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How Law Firms Can Use Account-Based Marketing Strategies
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.
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Strategic Succession Planning At Law Firms Is Crucial
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.
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Maximizing Law Firm Profitability In Uncertain Times
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.
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Alleged $636M Deal Error Highlights Ethics Considerations
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.