Legal Ethics

  • November 12, 2024

    Pennsylvania Atty Text Solicitation Ban Stands, For Now

    A Pennsylvania federal judge on Tuesday declined to temporarily halt the state's prohibition on attorneys soliciting potential clients using text messages while litigation filed by a legal marketer over the legality of the ban plays out, reasoning that there was no threat of irreparable harm to the company.

  • November 12, 2024

    Teen Says Judge Not Immune After 'Scared Straight' Trial

    A Michigan state judge can't claim judicial immunity from a lawsuit alleging he abused his power when he streamed a mock "Scared Straight" trial against a teen after she nodded off during a field trip to the courthouse because the judge had no jurisdiction over her with a fake proceeding, the teen and her mother argued Monday.

  • November 12, 2024

    Suit Demands Boston Boutique Return Escrowed $7M

    A Chinese company says a Boston law firm has refused to account for or return $7 million in escrowed funds that were supposed to be used to secure a line of credit, allegedly ignoring the company's requests for months, according to a complaint filed in Massachusetts state court.

  • November 12, 2024

    Broker Calls 78-Month Sentence For Tax Scheme Unfair

    An insurance agent convicted of conspiracy and tax crimes in a multimillion-dollar tax avoidance scheme told a North Carolina federal court ahead of his sentencing, scheduled for Wednesday, that the 78-month prison sentence recommended by prosecutors is harsher than punishments for similar offenders.

  • November 12, 2024

    Texas Bar Eyes Ban On Revenue Sharing With Non-Atty Cos.

    A proposed ethics opinion from the State Bar of Texas says lawyers shouldn't pay revenue percentages to nonlawyer-owned businesses that provide legal support services, though attorneys may own equity interests in such companies under certain conditions.

  • November 12, 2024

    Trump's NY Case Paused As DA Weighs Impact Of Election

    A New York state judge agreed to a joint motion to freeze the proceedings in Donald Trump's hush money case following his electoral victory last week, allowing the Manhattan district attorney time to brief the court on "appropriate steps going forward."

  • November 12, 2024

    Justices Won't Review Mark Meadows' Ga. Case Removal Bid

    The U.S. Supreme Court on Tuesday declined former White House chief of staff Mark Meadows' petition to review an Eleventh Circuit ruling that he couldn't move his Georgia election interference case to federal court because the federal officer removal statute doesn't apply to former federal officers.

  • November 08, 2024

    Combs Suggests $50M Bail As He Loses Bid For Gag Order

    Sean "Diddy" Combs on Friday again asked a New York federal court to release him ahead of his trial, suggesting an updated, "far more robust" $50 million bail package the same day the court rejected the hip-hop mogul's push for a gag order forbidding his sexual assault accusers from speaking out.

  • November 08, 2024

    Judiciary Advisers Back Development Of AI Evidence Rules

    The federal judiciary's advisory panel for evidentiary issues agreed Friday to develop rules aimed at strengthening scrutiny of testimony and materials derived from artificial intelligence systems, saying AI-generated information should meet the same reliability standards that apply to expert witnesses.

  • November 08, 2024

    Fla. Law Firm Gunster To Pay $8.5M Over 2022 Data Breach

    Florida corporate law firm Gunster has agreed to shell out $8.5 million to resolve a proposed class action alleging it failed to properly safeguard the personal information of nearly 10,000 clients, employees, and other individuals from cybercriminals, according to a motion to preliminarily approve the deal filed in Florida federal court.

  • November 08, 2024

    Monsanto Judge Pushes Sanction 'Distraction' To After Trial

    A Washington state judge is pausing an order for eight of Monsanto's attorneys to personally pay a total of $20,000 for late disclosure of expert reports in a toxic tort lawsuit, saying he believes the issue will distract from the upcoming trial and the court can revisit the defense lawyers' reconsideration request after the jury returns a verdict.

  • November 08, 2024

    Sullivan & Cromwell Fees Questioned In Kidde-Fenwal Ch. 11

    Sullivan & Cromwell LLP and the attorney general of California clashed in Delaware bankruptcy court over the firm's interim fee requests for its representation of debtor chemical company Kidde-Fenwal Inc., with the state alleging overbilling and Sullivan & Cromwell claiming California is seeking "payback" for the results of a recent mediation.

  • November 08, 2024

    Orrick Gets Final OK On $8M Deal To End Data Breach Case

    A California federal judge granted final approval Friday to Orrick Herrington & Sutcliffe LLP's $8 million deal to end putative class claims over a data breach that purportedly exposed 638,000 individuals' information, praising the parties for their "efficiency" in handling the case and "good faith" approach to reaching a resolution.

  • November 08, 2024

    How Trump Could Turn The Government Against Jack Smith

    Special counsel Jack Smith and his team of prosecutors could face politically motivated retribution by President-elect Donald Trump and his allies in the form of a congressional investigation, a U.S. Department of Justice probe and even criminal prosecution, according to experts.

  • November 08, 2024

    Florida Voters Fail To Show Injury From Prosecutor Suspension

    A Florida good-government group's lawsuit challenging Gov. Ron DeSantis' suspension of a local prosecutor was dismissed on Friday, after a federal judge found that voters don't have a constitutional right to see elected officials serve out their full terms.

  • November 08, 2024

    Clifford Law Sues Ex-Partner For Allegedly Poaching Clients

    An Illinois firm specializing in personal injury and wrongful death cases has accused a former partner of stealing clients when he left the firm in February and not making appropriate arrangements for his former firm to get fees for certain cases.

  • November 08, 2024

    Pa. Atty Suspended For Cocaine Use At Time Of Court Hearing

    A former public defender in Erie County, Pennsylvania, who previously told the state disciplinary board that the use of cocaine made him a better lawyer has been suspended from practicing in Pennsylvania by the state Supreme Court.

  • November 08, 2024

    Gov't Union Continues Organizing Push For DOJ Attys

    Attorneys in the U.S. Department of Justice's civil rights and environment divisions are stepping up their efforts to organize with the National Treasury Employees Union, the union confirmed Friday, as federal workers brace for coming changes under President-elect Donald Trump's new administration.

  • November 08, 2024

    GOP Reps. Tell Trump Special Counsel To Preserve Records

    On the heels of former President Donald Trump's victory, House Republicans told Special Counsel Jack Smith on Friday to preserve all his records on the Biden administration's "politicized prosecutions" into Trump.

  • November 08, 2024

    NJ Appeals Panel Rejects Convicted Ex-Atty's Bid For Relief

    The New Jersey Appellate Division turned down on Friday a former attorney's bid for review of her conviction on participating in an $873,000 mortgage fraud scheme, in which she claimed she was barred from the full range of cross-examination at trial that she should have had the right to.

  • November 08, 2024

    Ex-NJ Judge Gets More Time To Make Discrimination Case

    A New Jersey court gave a former state workers' compensation judge challenging her removal from the bench more time to make her case, according to a court order.

  • November 08, 2024

    DC Judge Freezes Election Subversion Case Against Trump

    A D.C. federal judge on Friday wiped out the schedule in the case accusing President-elect Donald Trump of plotting to overturn the 2020 election, granting a postelection request from the special counsel's office prosecuting the case.

  • November 07, 2024

    Valve Says Atty Ignoring, Threatening Gamers In Antitrust Row

    Valve Corp. has urged a Washington federal judge to grant it permission to directly contact game buyers whom the gaming marketplace company is suing to block them from continuing to arbitrate their antitrust claims, saying some gamers want out of arbitration, but their counsel at Bucher Law PLLC is not responsive to their queries.

  • November 07, 2024

    Feds Accuse Miss. Mayor And Local DA Of Taking Bribes

    An indictment unsealed Thursday in Mississippi federal court charges the Hinds County district attorney, Jackson's mayor and a member of the Jackson City Council with accepting thousands of dollars in bribes in exchange for pushing through real estate developers' projects.

  • November 07, 2024

    Privilege Overruled In Firm's Suit Against Drinks Co. Founder

    A Florida state court judge Thursday ordered the founder of the company that makes Bang Energy drinks to sit for a deposition in a lawsuit over unpaid fees brought by counsel who formerly represented him in a bankruptcy case, overruling attorney-client privilege asserted in a previous attempt to depose him.

Expert Analysis

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Perspectives

    Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Revisiting The Crime-Fraud Exception After Key Trump Cases

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    Evidence issues in the Jan. 6 Capitol riot and classified documents cases involving former President Donald Trump offer an opportunity to restudy elements and implications of the crime-fraud exception to attorney-client privilege and the work product doctrine, noting the courts' careful scrutiny of these matters, say Robert Hoff and Paul Tuchmann at Wiggin and Dana.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

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