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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

Law school clinics under attack by state legislatures

Posted on May 01, 2010
Legal Profession Blog covers the story, which is a variation on the third party payor situation. You can let a third party payor pay for the legal fees, salaries, etc., as long as you don't let the third party control...

Missouri adopts Uniform Bar Examination

Posted on April 30, 2010
Story covered at The Ethical Quandary.

Scott Cummings & Deborah Rhode, "Managing Pro Bono: Doing Well by Doing Better"

Posted on April 30, 2010
Article here. Abstract: The development of large-firm pro bono programs over the past fifteen years has reflected the dual imperatives of public service and professional interests. As pro bono has become institutionalized, an increasing number of firms have demonstrated their...

What's going on (April 30, 2010)

Posted on April 30, 2010
Judges (allegedly) in debt to bookies are in hot water ethically. . . . . . Law schools continue to discuss curricular reform. . . . . . Here's an article with some demographics for the gender and racial make-up...

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AmLaw 100 rankings are out

Posted on April 29, 2010
Revenues down, but biglaw hasn't disappeared.

odds and ends (April 29, 2010)

Posted on April 29, 2010
The NYT has an editorial on the Charles Hood case. Would Texas really execute a defendant when the judge and prosecutor had an undisclosed romantic relationship? The penalty phase will be retried (but not because of the egregious conflict of...

Porn at the SEC

Posted on April 27, 2010
Among the early Chairmen of the SEC were Joseph P. Kennedy and William O. Douglas. We all know about their evening activities, but at least they did their day jobs. Today, the folks in Congress are looking for an excuse...

Don Gifford on the tobacco litigation

Posted on April 27, 2010
Interesting interview with Don Gifford over at Concurring Opinions. His book says that the tobacco litigation was a failure in terms of public health (albeit a huge win for plaintiff's lawyers).

Loopholes

Posted on April 27, 2010
I write about lawyers' obligation of fidelity to law, by which I mean the law as it ought reasonably to be interpreted. This is meant to exclude the exploitationn of loopholes from ethical lawyering. Of course, I am always having...

Lawyer conceals that client was dead -- gets suspended

Posted on April 27, 2010
Story here (nod to Overlawyered).

How to prep a witness for testifying before Congress

Posted on April 27, 2010
Quote here -- "Long, thoughtful pauses followed by rambling non-responsive answers can easily devour half of a member?s allotted questioning time" -- from Above the Law. I wrote a paper on witness preparation, with specific examples, and had a section...

odds and ends (April 27, 2010)

Posted on April 27, 2010
McDermott vindicated; appellate court reversed the $4 million sanctions against the firm for its advocacy in a trial for Medtronic. . . . . . Bloggers aren't journalists, at least not in New Jersey? We're seeing a similar issue play...

Responding to a Former Client's Public Griping About the Representation

Posted on April 27, 2010
Stephen Gillers posed an interesting question a few weeks ago. He wondered whether a lawyer can disclose confidential information in order to protect herself against a former client?s unfair or inaccurate descriptions about the lawyer in the media. The issue...

A Message That Needs Sending

Posted on April 26, 2010
A letter from the North American South Asian Bar Association (NASABA) has come my way. Download Letter to Judge Folsom-ED of Texas (NASABA) (A0165235). It draws attention to a recent closing argument in a patent case in the Eastern District...

Court winds down term with a lawyering case

Posted on April 26, 2010
The Court opened the 2009 term with a lawyering case, so it only seems fit that the Court is winding down this week with another lawyering case, this one involving the award of attorney fees under a fee-shifting statute. Hardt...

Are there no workhouses. . .

Posted on April 26, 2010
Presumably these four words made Ebenezer Scrooge a radical because he presumed that taking care of the poor was an obligation of the government rather then himself (one will recall that he was turning down a charitable solicitation on Christmas...

Federal Circuit to rehear Therasense en banc

Posted on April 26, 2010
New here, from Patently-O. This is good news for patent prosecutors, as the Federal Circuit has loosened the doctrine of inequitable conduct to the point that mere negligence, viewed in hindsight, can be deemed fraud.

Is Howrey's model a quaint idea or a harbinger?

Posted on April 26, 2010
Today's Washington Post takes a closer look at Howrey's new model for associate training and compensation. It seems to me that paying associates less money for more training (training made possible by lower billable expectations and lower billing rates) holds...

Blackberryheads at Ethics CLEs

Posted on April 23, 2010
Is it ethical to claim CLE credit for a talk on legal ethics if you've spent nearly the entire time a captive of your Blackberry? Or laptop? Or editing a brief? Or reading a book on your iPad? But I...

Lawyers' Ethics and Sports Analogies

Posted on April 23, 2010
Oliver Wendell Holmes drew an analogy to dueling to justify what is now called Rambo lawyering. Lon Fuller analogized lawyers? ethics of advocacy to various baseball tactics, like a catcher ?pulling? a pitch into the strike zone. Abbe and I...

Should Texas require its lawyers to carry malpractice insurance?

Posted on April 22, 2010
This author thinks so.

Indiana case enjoining UPL by insurance company

Posted on April 22, 2010
Article here. Opinion here.

New legal malpractice blog - Texas Lawyers' Insurance Exchange

Posted on April 22, 2010
Blog here. In a similar vein are blogs from Hinshaw & Culbertson, The Ethical Quandary (which covers ethics and LGL), and one by Andrew Blueston, New York Attorney Malpractice Blog. If I've missed any other malpractice blogs, please feel free...

PR's not hot, revisited

Posted on April 22, 2010
My earlier post, suggesting that PR isn't a hot topic for law school hiring, elicited some interesting comments, so I thought I'd use this post to bump the topic. It seems that PR was a fairly popular choice for "second...

"Law School Transparency"

Posted on April 22, 2010
Two law students from Vandy have started "Law School Transparency." Article here. Website here. I've wondered when an organization like that would get started. I've posted many times on this issue, in support of the students. A few years ago,...

Should legal ethics be a required course outside the US?

Posted on April 21, 2010
Julian Webb asks if a legal ethics course should be required in England and Wales, and points to a conference on that issue in London on May 10th. The related report for the Law Society, written by Kim Economides and...

Court reverses $4.5 million fee enhancement

Posted on April 21, 2010
In a 5-4 decision released this morning, the Supreme Court reversed a $4.5 million fee enhancement awarded to attorneys who successfully represented a class of 3,000 children in challenging the conditions of the foster-care system in two suburban Atlanta counties...

Minnesota on Metadata Mining

Posted on April 21, 2010
Minnesota recently added its voice to the mix (here), concluding that lawyers generally should have the discretion to engage in metadata mining. My sense is that there is now a trend in this direction, which seems like a good development...

Lawyering implications of the Padilla v. Kentucky decision

Posted on April 21, 2010
Over at PrawfsBlawg, Professor Jack Chin has posted a link to a new article that he authored with Margaret Colgate Love, Padilla v. Kentucky: The Right to Counsel and the Collateral Consequences of Conviction. They include an interesting discussion about...

The Conglomerate's "Minding Our Business Forum"

Posted on April 20, 2010
The Conglomerate blog is running a forum, "Minding Our Business," about how changes in the business of law might affect (or should affect) law schools. There are a lot of interesting views, including from the Adams Drafting Blog. The discussion...

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