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Ethics

Legal Ethics Forum

Covering Legal Ethics

Post Frequency: 11.2/day

Last Entry: August 14, 2020 at 13:23:48

Legal Ethics Items (December 7)

Posted on December 07, 2010
On the ABA's delay over a decision about the accreditation of foreign law schools: ABA Journal, Dan Filler at The Faculty Lounge and Brian Leiter's Law School Reports, SBM Blog Sunday's NYT article about divorce litigation financing is generating more...

Here's some good news: Yellow Page Ads Having Less Impact

Posted on December 06, 2010
No doubt as a result of the rise of the Internet, Yellow Page ads are getting less bang for the buck. Although I must admit I loved using some of the ads from the Houston Yellow pages for ethics (they...

Josh King, of Avvo, "Post 2 ? Are Attorney Advertising Rules 'Safe Harbors?? Should they be?"

Posted on December 06, 2010
[Josh King offers the second of his three posts on attorney advertising.] In response to the question I posted originally regarding the reasons for attorney advertising rules, some commentators opined the rules are generally OK and provide attorneys with ?safe...

ABA Ethics 20/20 Commission Releases Papers on Admission by Motion and ALF

Posted on December 04, 2010
The ABA Commission on Ethics 20/20 released two new issues papers on Friday. The first paper concerns the Model Rule on Admission by Motion. The Model Rule describes the process by which a lawyer licensed in one state can gain...

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Next week: US Supremes hear case on secondary liability for securities fraud

Posted on December 03, 2010
In Stoneridge, the court decided not to expand secondary actor liabilty. Now, in the Janus case, the court will need to decide who counts as a primary actor and who gets the benefit of secondary status. Skadden's briefing paper is...

Second highest number of LSAT takers ever

Posted on December 02, 2010
The stats are 10% down from last year's record, but are still the second highest ever in total numbers. Bear in mind that we have more law schools and more first year slots than ever before, and to some degree...

More on the call for Judge Reinhardt to step down from the Prop 8 appeal

Posted on December 02, 2010
Ed Whelan throws down a challenge: "Just wondering: Is there any legal ethics specialist who is willing to opine that Judge Reinhardt is not obligated to disqualify himself from the Prop 8 appeal?" As for me, I haven't had the...

Legal Ethics Items (December 2, 2010)

Posted on December 02, 2010
Posse List: ABA will vote on accreditation of schools outside the US on December 4. Ross Davies offers a scholarly look back at an odd attorney-clieht conflict: the incident when Morgan Lewis Bockius gave the mlb.com url to its client,...

Bill Simon's (Mis)Use of Sharswood

Posted on December 02, 2010
In his recent article on Role Differentiation and Lawyers? Ethics, Bill Simon asserts that his notion that a lawyer should correct an adversary?s mistake of law is consistent with an adversary system. His sole proof of that fundamental and highly...

A lovely book on judgment and decision making for lawyers

Posted on December 01, 2010
Belatedly I have noticed that OUP has published Problem Solving, Decision Making, and Professional Judgment, by Paul Brest and Linda Krieger. I taught a course from this book in draft form and think it is wonderful. It is one of...

"Prop. 8 Supporters Calling for Reinhardt Recusal"

Posted on December 01, 2010
WSJ Law Blog carries the story. Supposedly, Judge Reinhdardt's wife, Ramona Ripston, was involving in planning a legal challenge to Prop 8. As far as I can tell, she didn't work on the matter now pending before the Ninth Circuit,...

Lawyers "hating" professors?

Posted on December 01, 2010
There's a four-blog round-robin post on this topic, summed up at Volokh. My two cents, based solely on personal experience, is that lawyers don't "hate" professors. But I also have a sense that in the legal ethics field the relationship...

Teaching legal ethics didn't qualify for service as plaintiff's expert in legal malpractice case; defense wins summary judgment

Posted on December 01, 2010
The professor teaches legal ethics and is familiar with North Carolina's ethics rules, but in a legal mal case dealing with a real estate development matter, the lack of experience with the practice of law and with that particular kind...

Two views about the increasing commercialization of the legal profession

Posted on December 01, 2010
Gillian Hatfield offers this chapter, Producing Law for Innovation. Abstract In this chapter, I first discuss why we need to think of legal infrastructure as economic infrastructure requiring focused economic policymaking, what is wrong with our existing legal infrastructure and...

Legal Ethics Items (December 1, 2010)

Posted on December 01, 2010
Wisconsin offers an opinion on whether webinars create attorney client relationships. Maxwell v. Roe: Ninth Circuit reverses because the prosecutors didn't provide Brady materials about the jailhouse informant's history and deal-making. ALM: The New Normal...

Do economists need an ethics code? (the comments have been interesting; Patrick O'Donnell as law blog commenter of the year?)

Posted on November 30, 2010
I posted about this issue mostly as a cross-comparison to lawyers, but wouldn't you know it, Patrick O'Donnell once again brought depth to the discussion and in the comments has been engaging Mark White on the ethics of the market....

Ethics of Teaching: Walk out if students text, etc?

Posted on November 30, 2010
There's an interesting (notice I didn't say fascinating, though 'tis) article here. At Mercer, we provide a laptop to each student as part of tuition, but we have no uniform policy on their use. Anyone who has watched a class...

Legal Ethics Items (November 30)

Posted on November 30, 2010
New Jersey legislators debate new law requiring lawyers and other professionals to wait 30 days before soliciting defendants and accident victims. Legal Ethics of Pot Advice Hazy, notes the Arizona Daily Sun From the ABA Journal, Lower Billable Averages Suggest...

Jonathon Molot, "Litigation Finance: A Market Solution to a Procedural Problem"

Posted on November 29, 2010
Liberalizing the rules on litigation financing may lead to settlements that reflect the merits rather than reflect the bargaining strength of the parties, suggests Jonathan Molot.

Marvell wins defense verdict in famous "GC forgot to hang up and left inculpatory comments" case

Posted on November 29, 2010
All along, Marvell's defenders had been urging people not to assume too much about the infamous voicemail that Marvell's GC left on Jasmine's system after forgetting to hang up. (We had discussed it here.) A jury sided with Marvell in...

Arbitrating malpractice claims: Yea or Nay?

Posted on November 29, 2010
I remember back in the day drafting arbitration clauses for firms to be sure they covered malpractice, gave full disclosure, avoided being "prospective limitations on liability," and so on. As an expert, I see them in some retainer letters today...

Josh King, of Avvo, asks "Why do the bars insist on regulating attorney advertising? (Part 1 of 3 in my Attorney Advertising series)"

Posted on November 29, 2010
We deal with a lot of questions about attorney advertising rules here at Avvo. Over the past three years, I?ve explored the ins and outs of these rules in nearly every state, but there?s a nagging question that hangs in...

Legal Ethics Items (November 29, 2010)

Posted on November 29, 2010
This item from Legalethics.com will get attention in law firms: The Louisiana Supreme Court held a member of a firm's management committee responsible for misleading advertising created by a non-lawyer to whom the firm had delegated the content of the...

New York Times comments again on SCOTUS ethics, using example of Pennsylvania judge

Posted on November 28, 2010
This issue of US Supreme Court ethics has been a very high priority for the New York Times lately. In this latest editorial, the paper looks at Pennsylvania's unusual rule on the judicial ethics of receiving gifts and concludes that...

Short film on depression among lawyers

Posted on November 26, 2010
ABA Journal carries news of a short documentary about lawyers and depression. The producers hope that students will view it in law school. That makes me wonder about teaching substance abuse and mental health in the PR course. I cover...

Do Economists Need a Code of Ethics

Posted on November 26, 2010
Cross-professional comparison: Economics and Ethics looks at the recent film, Inside Job, about the economic meltdown and asks if economists need a code of conduct.

Lawyers and the MacBook Air

Posted on November 26, 2010
MacLawyer has the second part of a review. I do a lot of traveling in the Spring, but decided not to go with the Air product because it lacks the number and kind of inputs/ports that a working lawyer needs.

California's law on contingency fee agreements applies to transactional hybrid agreements

Posted on November 26, 2010
California Attorney's Fees Blog has news of the new case.

Judicial bias resulting from a spouse's activities -- the Pinochet case

Posted on November 26, 2010
I ran across this post at John Flood's site. I hadn't realized that the famous (infamous?) reversal of the initial ruling on the Pinochet extradition had been affected by the political activities of the spouse of one of the judges.

Thanks

Posted on November 25, 2010
We'd like to thank everyone for stopping by, posting, commenting, and reading.

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