Legal Ethics

  • July 25, 2024

    Loeb & Loeb Says Ex-GC's Sanctions Motion Is Bogus

    Loeb & Loeb LLP urged a Colorado federal judge Wednesday to reject a former general counsel's allegations that it deliberately sent a thumb drive of documents that aren't text searchable, saying they are actually searchable and would have otherwise sent over 64,000 physical pages that weren't.

  • July 25, 2024

    Ex-Defender Says Judiciary Reform Study Buoys Bias Suit

    A former public defender who accused the federal judiciary of flubbing its investigation of her sexual harassment claim has doubled down on her request for the court to take notice of a recent study promoting judiciary workplace reforms, hitting back at her opponent's attempt to discredit the report's relevance.

  • July 25, 2024

    Morgan & Morgan Pushes To Arbitrate Malpractice Claims

    Morgan & Morgan PA's Jacksonville, Florida, unit wants a Georgia deputy sheriff's malpractice case sent to arbitration, saying he signed a representation agreement with the firm related to a back injury case that included an arbitration clause.

  • July 25, 2024

    11th Circ. Sets Briefing Schedule In Mar-A-Lago Docs Appeal

    Briefing in special counsel Jack Smith's appeal of the dismissal of the classified documents criminal case against former President Donald Trump will run through mid-October, according to a scheduling notice from the Eleventh Circuit on Thursday.

  • July 25, 2024

    Florida Ethics Opinion Sets Guardrails For Judges' Testimony

    Florida judges may testify as to the weight of the evidentiary burden in previous court proceedings if subpoenaed by a trial court, according to recent guidance produced by the state's ethics watchdog, though a judge may not discuss individual witness testimony, even if subpoenaed to do so.

  • July 25, 2024

    Connecticut 'Fishing' Atty Placed On Interim Suspension

    A Connecticut attorney who responded to an overdraft notice and disciplinary inquiry with an email saying the issue wasn't a priority because he was busy fishing has been suspended on an interim basis from practicing law.

  • July 25, 2024

    Chicken Soup's Atty Wants Out Of $3M Conn. Pet Food Feud

    The Graubard Miller attorney defending Chicken Soup for the Pet Lover's Soul Inc. in a manufacturer's $3 million contract suit asked a Connecticut state court to let her leave the case, writing in her motion to withdraw that Chicken Soup has refused to cooperate on the case.

  • July 25, 2024

    Mass. Court Revives Malpractice Suit Over Late Arbitration

    Massachusetts' intermediate-level appellate court on Thursday revived a legal malpractice suit against a pair of attorneys who allegedly waited too long to file an arbitration on their client's behalf, finding that a lower court was wrong to grant the lawyers a pretrial win.

  • July 24, 2024

    Co. Wants Gov't Sanctioned For Late Docs In Contract Dispute

    A contractor for the U.S. Air Force has urged the Court of Federal Claims to sanction the government after allegedly providing documents late and destroying other documents related to the company's suit alleging the Air Force wrongly terminated a support contract.

  • July 24, 2024

    Atty Who Put Settlement In Spouse's Account Loses Appeal

    A Texas appellate court ruled Wednesday against an attorney seeking to overturn a ruling from a trial court barring him from practicing law for 18 months, saying the man clearly breached his ethical obligations by moving settlement funds through his spouse's personal bank account.

  • July 24, 2024

    Atty Can't Deduct Car Racing Costs As Ads, US Tells 10th Circ.

    A personal injury lawyer who also races cars shouldn't be allowed to deduct about $300,000 for racing-related costs as ordinary business advertising expenses because they're unrelated to his law practice, the U.S. government told the Tenth Circuit on Wednesday.

  • July 24, 2024

    Watchdog Clears DOJ In 'Unusual' Roger Stone Sentencing

    The Justice Department did not bow to political pressure to push for a more lenient sentence for former President Donald Trump's longtime adviser Roger Stone, but the way in which the department handled the sentencing was "highly unusual" and the result of a U.S. attorney's poor leadership, according to a watchdog report released Wednesday.

  • July 24, 2024

    Ga. Judicial Candidate Aims To Keep Election Challenge Alive

    An attorney who lost her bid for a Georgia state appeals court seat has doubled down on her effort to overturn the election results, telling a state court to reject the winning candidate's dismissal bid and arguing it is actually his responsibility to establish a preponderance of the evidence about his eligibility to run.

  • July 24, 2024

    NJ Atty Suspended For Using Client Funds From RICO Cases

    The New Jersey Supreme Court this week issued a three-year suspension against an attorney accused of misusing client funds from a racketeering case to buy a new computer system and pay his wife for paralegal services.

  • July 24, 2024

    McCarter & English Beats Biotech Malpractice Suit In NJ

    McCarter & English LLP defeated a New Jersey biotechnology company's legal malpractice suit this week, following a New Jersey state judge's finding that the malpractice claims should have been brought in an earlier round of litigation over unpaid legal fees.

  • July 24, 2024

    Newman Facing 2nd Suspension For 'Continuing Misconduct'

    A panel of Federal Circuit judges on Wednesday recommended U.S. Circuit Judge Pauline Newman remain suspended for another year based on her ongoing refusal to cooperate with an investigation into her health, or even acknowledge the court's concerns.

  • July 24, 2024

    Pa. Judge Won't 'Chase' Deadline-Flouting ADA Case Attys

    A Pennsylvania federal judge on Wednesday told attorneys in an Americans with Disabilities Act case against Tommy Bahama that he wasn't going to "chase" lawyers flouting scheduling orders, warning that the consequences might hurt more than just complying with the plan.

  • July 24, 2024

    Firm Says Water District Advice Was 'Black And White' Good

    A Houston law firm told a state judge Wednesday that its recommendation that a local water district turn down a more than $1 million deal to get rid of hundreds of acres within its boundaries was "black and white" good advice as it fought off a malpractice suit the district lodged against the firm.

  • July 24, 2024

    Parts Of Klehr Harrison Bills Not Privileged, Pa. Panel Finds

    Pennsylvania journalists can view the subject lines of invoice requests sent to the Pennsylvania Office of General Counsel by outside law firms, including Klehr Harrison, with a state appeals court panel determining the information falls under the state's Right-to-Know Law and is not privileged, nor is it protected by a court order.

  • July 24, 2024

    Jenner & Block Wants Out Of COVID Vax Refusal Firing Suit

    Jenner & Block LLP has asked an Illinois federal judge to toss a former employee's claims that she was fired after being denied a religious exemption from the firm's COVID-19 vaccine mandate, saying she didn't do enough to spell out her religious beliefs or how they conflict with the vaccine.

  • July 23, 2024

    Cooperator In Cannabis Bank Fraud Case Dodges Prison

    A U.K. national who testified against two businessmen accused of fooling banks into processing federally illicit transactions worth $150 million for California cannabis delivery company Eaze Technologies Inc. on Tuesday was spared from serving any time in prison.

  • July 23, 2024

    Schiff's Bill Would Expand FOIA Provisions To Federal Courts

    Rep. Adam Schiff, D-Calif., introduced legislation Tuesday that would extend the rights provided by the federal Freedom of Information Act to the work of the judicial branch.

  • July 23, 2024

    X's Tesla Ties Could Require Judge's Recusal, Watchdog Says

    Elon Musk's X Corp. wants to avoid disclosing its financial links with Tesla in the social media company's defamation lawsuit against Media Matters for America because the Texas federal judge overseeing the case likely holds Tesla stock and would need to recuse himself, the progressive media watchdog said.

  • July 23, 2024

    Prosecutor Turned Witness: 'Rust' Case Shows Rare Dilemma

    The botched "Rust" trial of Alec Baldwin and Donald Trump's election interference case in Georgia have offered scarce examples of prosecutors taking the stand, demonstrating how ethics scandals can snowball and make government attorneys choose between protecting themselves or their cases.

  • July 23, 2024

    FTC Attys On Kroger Case Get Extensions After IT Outage

    The administrative law judge overseeing the Federal Trade Commission's in-house challenge to Kroger and Albertsons' $25 billion merger has given the agency and the grocery behemoths two extra days on a couple of filing deadlines after the FTC said the worldwide Microsoft outage left several counsel laptops unusable.

Expert Analysis

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Opinion

    NY Should Pass Litigation Funding Bill To Protect Plaintiffs

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    New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • High Court Injunction Case Could Shake Up Fee-Shifting Rules

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    In agreeing to review a Virginia case rendered statutorily moot before final judgment, the U.S. Supreme Court could finally settle the question of if — and when — a preliminary injunction can win attorney fees for a prevailing party, but all possible answers could disrupt fee-shifting schemes written into major laws, says Laurens Wilkes at Winston & Strawn.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

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