Legal Ethics

  • March 05, 2025

    Native Groups Want Equal Footing In Fed. Appellate Courts

    Native American rights' groups are urging a federal appellate judicial rules committee to add federally recognized tribes to a list of entities that do not need a court's approval to file an amicus brief, saying the disparity restricts how and when tribal nations gain a voice in lawsuits that impact them.

  • March 05, 2025

    Atty Can Be Retried For 'Disrespecting' Judge, Court Told

    Double jeopardy does not apply to summary contempt convictions, the Michigan Supreme Court heard Tuesday, as a Detroit court argued that a criminal defense attorney can be retried on a contempt charge for what a judge described as disrespectful behavior.

  • March 05, 2025

    Ex-DOJ Official Jeffrey Clark Returns To Trump Administration

    Jeffrey Clark, a former U.S. Department of Justice official who is facing criminal charges in Georgia and fighting to save his law license over claims that he helped President Donald Trump try to overturn the results of the 2020 election, has returned to the federal government.

  • March 05, 2025

    New Jersey AG Office Must Face Whistleblower Suit

    A New Jersey state judge on Wednesday largely rejected a bid from the New Jersey Attorney General's Office to escape a lawsuit accusing the Warren County prosecutor's office of retaliating against two detectives for their part in uncovering an alleged fraud scheme.

  • March 05, 2025

    Murder Convict's Outbursts At Issue Before Conn. High Court

    A trial judge violated due process guarantees by adding criminal contempt sentences to a felony murder convict's prison term because of a series of racial and profane outbursts during a habeas corpus hearing, the convict's appointed counsel told the Connecticut Supreme Court on Wednesday.

  • March 05, 2025

    Ga. Judicial Ethics Watchdog Shuffles Members

    Georgia's Supreme Court has moved a member of the state's 10-person judicial ethics watchdog to its investigative panel to replace a judge who has stepped down, and filled the vacated seat on the hearing panel.

  • March 05, 2025

    ABA Says Attys Victimized By Clients May Share Certain Info

    An attorney who is a victim of a crime perpetrated by a client or prospective client may disclose client information "to the extent reasonably necessary to report a crime," the American Bar Association's Standing Committee on Ethics and Professional Responsibility has found in its latest ethics opinion, released Wednesday.

  • March 05, 2025

    Law Firm Beats Malpractice Suit From Ex-Fla. School Official

    A Florida state appeals panel refused to revive a onetime school district superintendent's complaint against the district's former counsel from a Florida law firm, alleging the firm improperly used confidential information she provided as part of a report that found she committed misconduct.

  • March 04, 2025

    House GOP Push WH Right To Send State Cases To Fed. Court

    House Republicans on Tuesday rallied behind a bill that would let current and former presidents move state cases against them to federal court, calling the legislation a response to weaponized prosecutions of President Donald Trump.

  • March 04, 2025

    Judge Says She'll Ask What 'Nobody Else Will' In Romance Suit

    A federal judge expressed incredulity Tuesday that Jackson Walker didn't press its former partner harder to get the exact dates of her relationship with a former bankruptcy judge when allegations of their relationship came to light in 2021.

  • March 04, 2025

    Construction Co. Slams Iraq Attys' Appearance In $120M Suit

    Archirodon Construction (Overseas) Co. has asked the D.C. Circuit to block a law firm from representing Iraq as the country fights efforts by the company to enforce a $120 million arbitral award in a dispute over a major port project.

  • March 04, 2025

    2nd Circ. Mulls Blackmail Case's Effect On Fraud Conviction

    Second Circuit judges looked tempted Tuesday to let Scott Tucker, who is incarcerated on charges that he ran a $2 billion payday lending scam, file a new appeal — after hearing that Tucker's trial counsel faced blackmail from an unrelated client during Tucker's $2 billion fraud trial.

  • March 04, 2025

    Paxton Retaliation Case In 'Untested Territory,' Judge Says

    A Travis County judge said Tuesday that she was inclined to reopen evidence before approving a multimillion-dollar judgment proposed by four former deputies of Texas Attorney General Ken Paxton, noting that a recent appellate ruling left the court "in untested territory."

  • March 04, 2025

    NY Judicial Complaints Hit New High Amid Public 'Anger'

    New York's judicial watchdog on Tuesday reported a record number of complaints against judges in 2024, receiving about as many grievances as the state court system has judges.

  • March 04, 2025

    Trump Asks 2nd Circ. To Take Over Hush Money Appeal

    President Donald Trump asked the Second Circuit to take over his New York state court appeal of his hush money conviction, saying the "extraordinary" case implicated official acts from his first term.

  • March 04, 2025

    Ga. Atty Suspended 6 Months For Sharing Client Information

    A Georgia attorney received a six-month suspension from practicing law Tuesday from the Supreme Court of Georgia for his handling of a federal personal injury case, in which he was found to have disclosed client information and litigation strategy in a deliberate attempt to make defense counsel look disingenuous.

  • March 04, 2025

    Ga. Justices Reject Broadened 'Bad Faith' Claim In Injury Suit

    The Supreme Court of Georgia ruled Tuesday that a driver who rear-ended another could not be found as acting in bad faith — and thereby on the hook for attorney fees — merely because he may have been talking on his cellphone at the time of the crash.

  • March 04, 2025

    Colorado Couple Sue Atty Over Handling Of Property Dispute

    A Colorado couple sued for violating a settlement agreement in a dispute with their neighbor is suing their former lawyer for malpractice, arguing he poorly advised them to pursue a lawsuit despite the settlement's prohibiting it, then failed to properly represent them against counterclaims.

  • March 03, 2025

    Jay-Z Files Fresh Defamation Suit Against Buzbee In Ala.

    Shawn "Jay-Z" Carter on Monday lodged malicious prosecution claims against attorney Tony Buzbee over a "false," "malicious" and "strategically and tactically calculated and timed" rape suit that has since been dropped, this time in Alabama federal court.

  • March 03, 2025

    Ramey Dodges Fees After Losing Virtual Payment Patent Suit

    A Texas federal judge has thrown out a patent infringement lawsuit against a San Antonio bank after finding "no plausible allegation of infringement of any type," while rejecting a request to make William Ramey III of Ramey LLP, the prolific plaintiffs patent lawyer, pay the bank's legal fees.

  • March 03, 2025

    Conn. Justices Set New Atty Duty In Deathbed Will Dispute

    Three intended beneficiaries of a late businessman's will can sue attorney Anthony J. Palermino for allegedly failing to tell his client that TD Ameritrade account documents would need to be changed to fulfill his deathbed wishes, the Connecticut Supreme Court ruled Monday, finding that attorneys have a duty to third-party beneficiaries in such situations.

  • March 03, 2025

    Saul Ewing Wants Out Of Home Care Co. Asset Transfer Suit

    Saul Ewing LLP told a Pennsylvania state court that merely being an "accessory" to a family accused of hiding assets from potential judgment wasn't enough to sustain a claim against the law firm under the Pennsylvania Uniform Voidable Transfers Act, since the law only allows claims against "transferees."

  • March 03, 2025

    Oklahoma DAs Look To Nix DOJ's Jurisdiction Lawsuits

    Two Oklahoma district attorneys are asking a federal court to dismiss a challenge by the United States that seeks to block them from prosecuting Native Americans for conduct on tribal lands, arguing that the lawsuits are a collateral attack on a recent state appellate court decision.

  • March 03, 2025

    Eckert Seamans Will Pay $38M To Par Funding Investors

    A Florida federal judge has signed off on a $38 million deal resolving legal malpractice claims against Eckert Seamans Cherin & Mellott LLC by investors who fell victim to a Ponzi scheme carried out by Par Funding, which enlisted the firm to help create the business model the lender ultimately used in the scheme.

  • March 03, 2025

    NJ Justices Skeptical Of Judicial Privacy Law Challenge

    The New Jersey Supreme Court appeared skeptical Monday over reviving a journalist's lawsuit alleging municipal officials improperly relied on the judicial safety measure Daniel's Law to chill his attempt to expose a city police director's out-of-town address.

Expert Analysis

  • 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.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

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    A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • The Fed. Circ. In February: A Reminder On Procedure Rule 28

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    Because the Federal Circuit does not often issue a sua sponte precedential order emphasizing an important rule of practice, it is useful to look at how the court applied the restrictions of appellate procedure Rule 28 in Promptu v. Comcast last month, and in cases that preceded it, say Jeremiah Helm and Sean Murray at Knobbe Martens.

  • Opinion

    DOJ Press Office Is Not Fulfilling Its Stated Mission

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    The U.S. Department of Justice Office of Public Affairs’ apparent practice of issuing press releases when someone is indicted or convicted, but not when a defendant prevails, undermines its stated mission to disseminate “current, complete and accurate” information, and has negative real-world ramifications, says Sara Kropf at Kropf Moseley.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

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