Legal Ethics

  • August 22, 2024

    Morgan & Morgan Wants Malpractice Claims In Arbitration

    Morgan & Morgan PA's Jacksonville, Florida, office is pushing back against a former client's claim that the arbitration agreement between them was "unconscionable," saying he failed to produce any evidence proving as much.

  • August 22, 2024

    Tom Girardi Takes The Stand In His Criminal Fraud Trial

    Disbarred attorney Tom Girardi took the stand Thursday in his California federal fraud trial and denied stealing from any of his clients, while also showing a strong grasp of past events and people but claiming to have no memory of the trial's witnesses and key moments, or to even know his own lawyer's name.

  • August 22, 2024

    Insurer, Atty Drop Case Linked To Bogus Check Scheme

    An insurance firm has agreed to drop its claim seeking a declaration from a Washington federal court that it is not on the hook to cover a Seattle-area solo practitioner over an alleged counterfeit check scheme, after the bank and attorney settled their underlying dispute.

  • August 21, 2024

    Girardi Faked Dementia Symptoms, Neurologist Testifies

    A neurologist with Vanderbilt University testified Wednesday in Tom Girardi's criminal fraud trial in California federal court that the disbarred attorney was likely exaggerating his cognitive problems in late 2020 just as his law firm imploded into bankruptcy and his legal problems mounted because he believed it would be "beneficial."

  • August 21, 2024

    Judge Skeptical Ex-Murder Suspect Can Sue Embattled DA

    A Colorado federal judge appeared to have doubts Wednesday about the prospects of a malicious prosecution lawsuit brought by a man initially charged with the murder of his wife, asking how the lawsuit can defeat immunity for police and prosecutors.

  • August 21, 2024

    10th Circ. Says Ex-Prosecutor Still Hasn't Proven Immunity

    A Tenth Circuit panel on Wednesday said a former Denver deputy district attorney had not yet proven that she was entitled to qualified immunity in a malicious-prosecution case dating back more than a decade, the second time the appeals court has reversed a procedural win for the prosecutor.

  • August 21, 2024

    Texas Law Firm Cleared Of Overcharging Criminal Client

    A Texas appellate court cleared Austin law firm Minton Bassett Flores & Carsey PC of breaching its fiduciary duties and delaying a trial date to rake in more legal fees from a criminal defendant, upholding the trial court's decision to dismiss the case in a Wednesday opinion.

  • August 21, 2024

    9th Circ. Lets Atty Fight Against $8M Malicious Prosecution

    A Nevada attorney may take to the federal court to challenge an Arizona state court's civil judgment finding him liable for malicious prosecution, the Ninth Circuit determined Wednesday, finding the federal district court was wrong to toss his claims on the grounds they were barred by jurisdictional precedent established in the Rooker-Feldman doctrine.

  • August 21, 2024

    USPTO Beats Atty's FOIA Suit Over Ethics Probe

    A California trademark lawyer who says he has been facing a disciplinary matter at the U.S. Patent and Trademark Office over whether his associates let their assistants sign for them on trademark applications could not use a Freedom of Information Act lawsuit to get more information from the agency about the origins of that accusation.

  • August 21, 2024

    Judge Accused Of Locking Up Girl Who Dozed In Courtroom

    A teenage girl filed a lawsuit Wednesday in Michigan federal court against a state judge who she says had her handcuffed and detained after she fell asleep during a class presentation in his courtroom and berated her in a mock version of the reality show "Scared Straight" that played out on the court's YouTube platform.

  • August 21, 2024

    How AI Could Shake Up Federal Evidence Rules

    Judges, lawyers and academics say it's only a matter of time before the breakneck development of artificial intelligence collides with a cautious, slow-moving judicial system and gives rise to a thorny array of evidentiary issues. They're just not sure what to do about it.

  • August 21, 2024

    Dems At DNC Push For High Court Reform

    Democratic lawmakers on Wednesday made the case at an event adjacent to the Democratic National Convention that U.S. Supreme Court reform is an issue that everyday Americans should care about and championed the progress made thus far. 

  • August 21, 2024

    Oath Keepers Atty Pleads Guilty In Jan. 6 Case

    A former attorney for the far-right Oath Keepers group pled guilty Wednesday to charges connected to the Jan. 6, 2021, attack on the U.S. Capitol, copping to entering restricted Capitol grounds and advising Oath Keepers affiliates to delete incriminating digital evidence following the riot.

  • August 21, 2024

    Kline & Specter, Ex-Firm Atty Partially Resolve Legal Battle

    The legal battle between Kline & Specter and an attorney who formerly worked at the firm, Thomas Bosworth, has eased somewhat with the settlement of three lawsuits involving the parties.

  • August 21, 2024

    Travelers Settles With Pa. Firm Over Stealing $1M From Client

    A Pennsylvania federal judge dismissed an insurance coverage dispute Wednesday, in light of a settlement between Travelers Insurance and a closed Pennsylvania law firm whose principal attorney was disbarred after he pled guilty to stealing almost $1 million from clients.

  • August 21, 2024

    Judge To Mull Recusal In Boston Marathon Bombing Case

    A Boston federal judge said Wednesday he will allow briefing on whether he should recuse himself from the case of convicted Boston Marathon bomber Dzhokhar Tsarnaev, who is seeking a new sentencing trial over claims of possible jury bias.

  • August 21, 2024

    NJ Health System Calls Proskauer DQ Bid A 'Litigation Tactic'

    RWJBarnabas Health urged a New Jersey federal judge to reject its competitor's attempt to disqualify Proskauer Rose LLP from representing the healthcare system in an antitrust suit, telling the court the "litigation tactic" is merely the plaintiff's effort to replace opposing counsel because its case is going badly.

  • August 21, 2024

    3rd Circ. Rejects Ex-Engineering Co. GC's Benefits Suit

    The Third Circuit refused Wednesday to revive a former general counsel for an engineering company's suit claiming he was stiffed on over $100,000 in retirement benefits, rejecting his argument that a $1 million payout he got from the company should have been factored into his benefits package.

  • August 21, 2024

    La. Plaintiffs Ask 5th Circ. To Revive BP Spill Malpractice Deal

    Louisiana residents who sued their attorneys, alleging they botched damage claims tied to the 2010 BP Deepwater Horizon oil spill, have asked the Fifth Circuit to reconsider a panel's ruling that overturned enforcement of a global settlement.

  • August 20, 2024

    Girardi Jury Hears Of Ex-CFO's Alleged Bahama Hideout Plan

    The former fiancee of ex-Girardi Keese executive Chris Kamon told a California federal jury in Tom Girardi's criminal trial Tuesday about a dramatic call she received from Kamon, during which he told her he was about to be "pinned" for the firm's crimes and wanted her to flee to the Bahamas with him.

  • August 20, 2024

    Trustee Wins TRO Vs. Disbarred Lawyer's Former Partner

    The bankruptcy trustee handling the estate of failed California debt relief law firm Litigation Practice Group has won temporary control over key properties of a businessman formerly involved in the firm, including millions of dollars in bank and brokerage accounts as well as a multimillion-dollar house in Orange County.

  • August 20, 2024

    Ga. Justices Weigh 'Malice' In Atty's Defamation Case

    An orthopedic surgeon urged the Georgia Supreme Court on Tuesday to revive his case against a defense attorney who allegedly tarnished the surgeon's reputation during settlement talks with his attorneys for his former patients, arguing his appellate defeat last year flew in the face of 160 years of Georgia defamation law.

  • August 20, 2024

    NJ County Denies Admissions In Disbarred Atty's Arrest Suit

    Hudson County, New Jersey, and two detectives from its Prosecutor's Office told a New Jersey federal court Tuesday that a disbarred attorney suing them over his allegedly false arrest is telling the court the detectives admitted to things they did not actually admit, and urged the court to grant their summary judgment request.

  • August 20, 2024

    Some Wis. State Bar Officers Let Out Of Diversity Bias Suit

    A Wisconsin federal judge has removed three of the seven individual defendants named in a suit brought by an attorney challenging the Wisconsin Bar's diversity clerkship program after they argued they were not personally responsible for actions alleged in the suit, with the judge also cutting a claim for money damages.

  • August 20, 2024

    Law Professor Seeks To Keep Alive Bias Suit Against FAMU

    A Florida A&M University College of Law professor asked a federal court to maintain her discrimination suit because "context matters" in the case, and it shouldn't be decided on summary judgment, as the school suggested.

Expert Analysis

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Avoiding Legal Ethics Landmines In Preindictment Meetings

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    U.S. Sen. Bob Menendez's recent bribery conviction included obstruction charges based on his former lawyer's preindictment presentation to prosecutors, highlighting valuable lessons on the legal ethics rules implicated in these kinds of defense presentations, say Steve Miller and Hilary Gerzhoy at HWG.

  • 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.

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