Legal Ethics

  • October 23, 2024

    Judges Hint Settlement May Have Waived Atty's Free Speech

    Attorney Timothy Brignole and his Hartford law firm, Brignole Bush & Lewis LLC, may have surrendered free speech rights when they signed a nondisparagement agreement with a former employee, stripping them of the ability to claim First Amendment protection over comments attributed to them in a lawsuit, judges of the Connecticut Appellate Court hinted Wednesday.

  • October 23, 2024

    Combs, Feds At Odds Over Gag Order Amid Press Blitz

    Attorneys for Sean "Diddy" Combs told a Manhattan federal judge on Wednesday that they are unable to agree with prosecutors about who should be barred from talking to the press about the hip-hop mogul's sex-trafficking and racketeering case.

  • October 23, 2024

    Del. Judge Won't Yet Revisit $242K Atty Sanctions In Ch. 7

    A Delaware bankruptcy judge said Wednesday that he won't, for now, set aside more than $242,000 in legal fees he ordered a lawyer representing the owners of an insolvent government contractor to pay in a clawback lawsuit, saying that since the sanctions order was appealed to the district court, he doesn't have jurisdiction.

  • October 23, 2024

    Feds Ask To Drop Conviction Tainted By Alaska Judge Scandal

    Federal prosecutors in Alaska have moved to voluntarily vacate the conviction of a man who assaulted two jail employees, after determining the case was irrevocably tainted by the sexual misconduct scandal that toppled former U.S. District Judge Joshua Kindred.

  • October 23, 2024

    Fla. Judge Fights Ethics Charges Of 'Intemperate' Conduct

    A Sunshine State judge attempted to explain away accusations by the Florida Judicial Qualifications Commission that he acted "intemperately," saying that while he, at times, struggles with patience, he treats those who appear before him with "dignity and courtesy."

  • October 23, 2024

    Law Firm Accuses Ex-Paralegal Of 'Sabotage' In Bears Case

    An Illinois law firm has accused one of its former paralegals of attempting to stiff the firm for work it did settling his discrimination suit against the Chicago Bears, alleging that the erstwhile employee declined to file key paperwork and deleted critical files.

  • October 23, 2024

    9th Circ. Orders Michael Avenatti To Be Resentenced

    The Ninth Circuit on Wednesday ordered the resentencing of Michael Avenatti over his California conviction for tax violations and stealing from clients, saying the lower court made multiple mistakes when it handed down a 14-year prison term to the onetime celebrity attorney.

  • October 23, 2024

    9th Circ. Backs Injury Firm's Win In Fight Over Google Ads

    The Ninth Circuit has upheld an Arizona federal court's ruling in favor of a Tempe-based personal injury firm that was sued by another personal injury firm, Lerner & Rowe, over its purchases of Google advertising search terms, with the judges finding little "actual confusion" was caused by the advertising strategy.

  • October 23, 2024

    Chemical Co. GC Fires Back At Pregnancy Bias Claims In NJ

    Arxada and its general counsel struck back at a former in-house attorney's claims in a New Jersey state court lawsuit that the specialty chemicals company unlawfully dismissed her in the days after she talked about taking leave to recover from a miscarriage.

  • October 23, 2024

    DC Judge Won't Let DQ'd Atty Back On Dominion Case

    A D.C. federal judge has refused to disturb an order disqualifying an indicted Michigan attorney from representing former Overstock CEO Patrick Byrne against a defamation lawsuit brought by Dominion Voting Systems.

  • October 23, 2024

    Ga. Justices Say Open Records Suit Against DA Can Proceed

    The Supreme Court of Georgia said a district attorney for the Peach State's Western Judicial Circuit must face an Open Records Act suit claiming she withheld records, and that one of her arguments to escape the suit "fundamentally misunderstands Georgia's separation-of-powers doctrine."

  • October 22, 2024

    Texas Firm 'Tortured' Barratry Case, Appeals Court Hears

    A Texas law firm accused of ambulance chasing told a state appeals court that the opposition had "tortured" the case, saying during oral arguments Tuesday that Bandas Law Firm PC pursued the case merely as an extortion racket.

  • October 22, 2024

    Giuliani Must Give NYC Apartment, Watches To Poll Workers

    A New York federal judge Tuesday ordered Rudy Giuliani to hand over most of his property to two Georgia poll workers, including his Manhattan apartment, Mercedes-Benz, luxury watches and valuable sports memorabilia, to help cover the $148 million judgment the former mayor owes for defaming them.

  • October 22, 2024

    Colo. Justices Suggest Remanding 'Half-Baked' Privilege Case

    Colorado Supreme Court justices appeared reluctant Tuesday to do more than remand a case over whether attorney-client privilege protects communications by an insurance company's lawyers with engineers hired for processing a claim, with two justices calling the appeal "half-baked" since the trial judge admitted she used the wrong standard.

  • October 22, 2024

    Ex-Google GC Must Be Investigated By Calif. Bar, Groups Say

    A trio of groups led by the American Economic Liberties Project on Tuesday pressed the State Bar of California to investigate former Google general counsel Kent Walker for "coaching" the company to "engage in widespread and illegal destruction of records relevant to multiple ongoing federal trials."

  • October 22, 2024

    Legatum Exec Wins $8M Libel Trial Against D.C. Investigator

    A D.C. federal jury has awarded the founder of Dubai-based investment company Legatum more than $8 million in his defamation case against a private investigator accused of preparing and disseminating a bogus "background report" falsely stating the executive was a Russian asset.

  • October 22, 2024

    Judge Tells Firm To Tighten Up Testimony In Nassar Fee Trial

    A Michigan federal judge cautioned a local personal injury firm Tuesday to reel in the head of the firm on the witness stand, warning he was losing the jury in a long "inside baseball" legal discussion in his efforts to get a greater cut of fees from a Colorado firm for work on a Larry Nassar abuse settlement.

  • October 22, 2024

    Calif. Official Cops To Taking Bribes For $10M In Contracts

    A member of the Orange County Board of Supervisors has admitted to steering $10 million worth of COVID-19 relief funds to a charity affiliated with his daughter in exchange for more than $500,000 in bribes, California federal prosecutors announced Tuesday.

  • October 22, 2024

    NJ Justices Cast Doubt On Out-Of-State Atty Referral Fee Ban

    New Jersey Supreme Court justices on Tuesday sounded skeptical of an ethics rule change that would ban certified attorneys from paying referral fees to out-of-state lawyers, questioning an advisory panel's conclusion that such fees represent an authorized payment for legal services.

  • October 22, 2024

    Law Firm Wins Atty Fees In Texas Over Lies To Ghana Court

    An African energy company has to pay nearly $166,000 in attorney fees to an international arbitration specialty law firm after the company was sanctioned for lying to a Ghanaian court about proceedings in Texas, a Texas federal judge has ruled.

  • October 22, 2024

    LegalZoom, Ex-User Clash Over Unlawful-Practice Arbitration

    Legal services provider LegalZoom cannot force a proposed class action alleging unauthorized practice of law into arbitration, a former customer has told a New Jersey federal judge, because the web platform provided an inadequate explanation for a supposedly binding arbitration agreement.

  • October 22, 2024

    Fla. Judge Accused Of Misusing Contempt, Cuffing Victim

    A Sunshine State judge has been hit with ethics charges for allegedly improperly holding people in her courtroom in contempt, including an alleged crime victim who was placed in handcuffs and held in custody for nearly three hours.

  • October 22, 2024

    Ex-Atty Charged With Stealing Settlement Funds From Clients

    A former attorney who practiced in Oklahoma and gave up his law license in 2020 amid a disciplinary investigation has been charged in federal court with stealing money his then-clients were owed from settlements between 2015 and 2020.

  • October 22, 2024

    Hagens Berman Tells Amazon, Apple: Sure, Sanction Client

    Hagens Berman Sobol Shapiro LLP is fine with a Washington federal court sanctioning the firm's client — formerly the lead plaintiff — in a putative antitrust class action against Apple and Amazon, saying it shares their goal of compelling document production after the plaintiff ghosted his attorneys.

  • October 22, 2024

    Detroit Judge Says He's Immune From Sleeping Teen's Suit

    A Michigan judge accused of having a teenage girl detained and handcuffed after she fell asleep during a field trip to his courtroom is arguing that he is entitled to immunity from the teen's lawsuit because he was acting in his judicial capacity when he disciplined her.

Expert Analysis

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Lawyers Must Be Careful When Using Listservs

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    The American Bar Association's formal opinion from May correctly states that attorneys must obtain clients' consent before posing related questions to listservs, but potential risks and drawbacks of using listservs go beyond those highlighted by the ABA, says Deborah Winokur at Cozen O'Connor.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Opinion

    A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue

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    The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

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