Legal Ethics

  • July 29, 2024

    DeSantis Wants To Ax Suit Over Fla. Prosecutor Suspension

    Florida Gov. Ron DeSantis moved on Friday to dismiss an amended complaint regarding his suspension of elected prosecutor Monique Worrell, arguing that voters have no right to see an elected official serve an entire term.

  • July 29, 2024

    Firm, Ex-Client Brief Conn. High Court In Punitive Award Case

    McCarter & English LLP and ex-client Jarrow Formulas Inc. are weighing in as the Connecticut Supreme Court decides whether a federal court can award law firms punitive damages in suits for breach of contract, as the firm seeks a punitive payout after winning multimillion-dollar judgments in a contract dispute.

  • July 29, 2024

    ABA's 1st Generative AI Opinion Points Attys To Ethical Duties

    The American Bar Association ethics committee published on Monday its first formal opinion on attorney use of generative artificial intelligence tools, saying lawyers should consider their ethical obligations, including those related to model rules on competency, confidentiality and fees.

  • July 29, 2024

    Mich. AG Drops Remaining Case Against Carhartt Heiress Atty

    Prosecutors will not retry a Michigan attorney they claim stole from his wealthy client, the late Carhartt company heiress Gretchen Valade, and have agreed to toss similar embezzlement charges in a separate case. 

  • July 29, 2024

    Judge Narrows Ex-Worker's Claims Against Bronx DA's Office

    A New York federal judge has trimmed claims in an employment suit lodged against the Bronx district attorney's office by a woman who worked there, holding that others alleging discrimination under the Family and Medical Leave Act and a racially driven promotion could move forward.

  • July 29, 2024

    Catching Up With Delaware's Chancery Court

    Litigation linked to Elon Musk sparked several filings in Delaware's Court of Chancery last week, including a call for sanctions and hand-wringing about a proposed multibillion-dollar attorney fee. Here, Law360 looks at this and other highlights from last week in Delaware's Chancery Court.

  • July 29, 2024

    Ga. Prosecutors Fight DQ Bid Over Secret Meeting In YSL Trial

    Georgia prosecutors said Friday it would be "egregious abuse" of the court's discretion to grant Atlanta rapper Young Thug's request to have them disqualified from the racketeering trial because of a secret meeting with the judge and a witness, arguing that this is an unwarranted request that seeks to delay the already longest trial in Peach State history.

  • July 29, 2024

    Irked Judge Says Late Filing 'Sandbagged' Conn. Firm

    A Connecticut state court judge on Monday chided attorneys for an eleventh-hour filing and other missed deadlines on behalf of a couple lodging malpractice claims against Evans & Lewis LLC, blocking the wife from testifying to fight the firm's attempt to throw her husband out of the lawsuit.

  • July 29, 2024

    Biden Support Adds Heat To Calls For Supreme Court Reform

    President Joe Biden endorsed significant U.S. Supreme Court reform on Monday, calling on Congress to pass legislation that would impose term limits and an enforceable code of conduct on the justices and to adopt a constitutional amendment that would reverse the court's decision granting former presidents broad immunity for crimes committed in office.

  • July 29, 2024

    8 Ex-Employees Say NJ Firm Didn't Pay OT, Paid Women Less

    Davis Saperstein & Salomon PC has been hit with a pair of lawsuits in New Jersey state court alleging the Bergen County-based personal injury firm didn't pay overtime wages, paid its female employees less than their male colleagues and subjected a pregnant woman to a hostile work environment.

  • July 29, 2024

    NC Attys Dismissed From Malpractice Suit Over Missed Filing

    A pair of North Carolina-based attorneys involved in a legal malpractice suit filed by the parents of two children who died in a car fire were voluntarily dismissed from the family's suit against their former firm.  

  • July 29, 2024

    Mich. Justices Say Subbed Atty Can't Be Sanctioned

    Michigan's Supreme Court has ruled state statute doesn't require all attorneys representing a sanctioned party "be held jointly responsible for frivolous conduct," reversing a decision that imposed sanctions on an attorney who joined a real estate contract dispute after sanctionable conduct occurred.

  • July 29, 2024

    Reebok Rips Shoe Rival's 'Underhanded' Conduct In TM Case

    Reebok asked a Massachusetts federal judge to sanction an Italian shoemaker and strike nearly three dozen witnesses who were disclosed at the last minute in a trademark case, the latest claim by the shoe and apparel giant of "underhanded" tactics.

  • July 26, 2024

    'Low-Grade Lawyering': Quinn Emanuel Attys Draw Judge's Ire

    A California federal judge considering Guardant Health's sanctions bid in a false advertising case against rival Natera said Friday that representations to the court by Natera's attorneys from Quinn Emanuel Urquhart & Sullivan LLP regarding a proposed expert witness were "less than forthright" and "pretty low-grade lawyering."

  • July 26, 2024

    SEC Sues Banker And Ex-Prosecutor Alleging $1.6M Fraud

    A Georgia banker fraudulently bilked approximately $1.6 million from unsuspecting investors for "furs and furniture" and other expenses while a former Florida prosecutor ignored several red flags when holding on to the investments, the U.S. Securities and Exchange Commission told a Georgia federal court.

  • July 26, 2024

    Girardi Can't Show Ex-CFO's Spending Habits In Fraud Trial

    Jurors in Tom Girardi's upcoming fraud trial won't hear details about the spending habits of Girardi Keese's former CFO, who's accused of a "side fraud" that bilked millions without Girardi's knowledge, after a California federal judge agreed with prosecutors Friday that the evidence appears more prejudicial than probative.

  • July 26, 2024

    Ex-Magistrate Judge Picked To Oversee Texas Insurance Fight

    A New York federal judge has appointed a former magistrate judge to oversee a dispute between a Texas school district and several insurers who allegedly stiffed the district $17 million in damages following Hurricane Hanna.

  • July 26, 2024

    Insurer Says It Needn't Cover Divorce Attys In Malpractice Suit

    Hanover Insurance Group asked a federal court Friday to rule that it doesn't have to defend a pair of Houston-area divorce attorneys in a legal malpractice suit alleging they botched a divorce case.

  • July 26, 2024

    Assa Abloy Resolves DOJ Merger Monitor Dispute

    Assa Abloy told a D.C. federal judge that it's agreed "in principle" on how a monitoring trustee will review its compliance with a U.S. Department of Justice merger lawsuit settlement, resolving a simmering dispute over its complaints of an open-ended multimillion-dollar investigation.

  • July 26, 2024

    Fired Doc Can Pursue Claims Against Atty Over Award Error

    A Michigan state appeals court has ruled a doctor may pursue malpractice claims against the attorney who represented him during arbitration proceedings in an underlying wrongful termination suit after she allegedly failed to catch the arbitrator's miscalculation of the award, reportedly resulting in a $2.5 million loss.

  • July 26, 2024

    Domino's Says Driver's Atty Should Pay Up For Doomed Suit

    Domino's Pizza said Thursday a law firm that lost a case claiming delivery drivers weren't properly reimbursed for expenses should know its new suit against the company will fail for the same reasons, asking a Michigan federal judge for sanctions because the firm should know the new plaintiff must also arbitrate her claims.

  • July 26, 2024

    Attys Face Sanctions For Fake Citations In Whistleblower Suit

    A Virginia federal judge has asked lawyers representing a plaintiff in a whistleblower case to defend why they should not be sanctioned for including seemingly fabricated case sources in a brief objecting to a protective order, questioning whether it was a case of "ChatGPT run amok."

  • July 26, 2024

    Ga. Public Defender's Office Gets Early Win In Atty's Bias Suit

    Georgia's Augusta Judicial Circuit Public Defender's Office got an early win Friday in a discrimination and retaliation suit lawsuit filed by a former assistant public defender, saying she relied on her office to "infer that discrimination has occurred" based on her race or sex.

  • July 26, 2024

    Hunter Biden's Attys Made 'False Statements,' Judge Says

    The California federal judge overseeing Hunter Biden's criminal tax trial threatened to sanction the presidential son's lawyers Wednesday, saying they made "false statements" in a motion to dismiss that cited a Florida federal judge's order disqualifying the special prosecutor in Donald Trump's classified documents case.

  • July 26, 2024

    Cuomo Harassment Document Fight Heads To NY Appeals Court

    A Manhattan judge on Friday allowed both the New York attorney general and former Gov. Andrew Cuomo to appeal parts of a decision requiring the state to produce unredacted transcripts of some witness interviews in the sexual harassment investigation that led to Cuomo's resignation.

Expert Analysis

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • 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.

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