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Ethics

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Covering Legal Ethics

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

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what's going on (April 20, 2010)

Posted on April 20, 2010
The ABA is gearing up for Law Day (May 1st). This year's theme is one of those broad slogans that can accommodate lots of viewpoints,"Law in the 21st Century: Enduring Traditions, Emerging Challenges." . . . . . In light...


US Supreme Court declines to take up Charles Hood appeal

Posted on April 20, 2010
The disappointing result is discussed here. The Texas state court system sent the matter back for a new penalty phase, but, as we've discussed on this blog the guilt and penalty phases involved a judge and a prosecutor who were...


Legal Ethics: we're never hot (and often staid if not boring)

Posted on April 20, 2010
You may remember that several years ago we commented on the article by Sara Stadler about what legal fields were hot for purposes of academic hiring. In her view, Professional Responsibility was a "strong sell" -- meaning no one wants...


Maya Steinitz, "Whose Claim is this Anyway? Third Party Litigation Funding"

Posted on April 19, 2010
Article here. (nod to Legal Theory Blog). Abstract: Third party litigation funding, or litigation finance, is a new industry composed of institutional investors who invest in litigation by providing finance in return for an ownership stake in a legal claim...


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John Flood, "From Ethics to Regulation: The Re-Organization and Re-Professionalization of Large Law Firms in the 21st Century"

Posted on April 19, 2010
Article here. Abstract: The recent history of the legal profession is presented as one where the re-regulation of the profession, as epitomized in the Legal Services Act 2007, has placed the large law firm at the centre as a site...


Deborah Rhode on discrimination by appearance; WSJ law blog on lawyers filing (possibly) false affidavits

Posted on April 19, 2010
Interview at Concurring Opinions with Deborah Rhode, on her new book The Beauty Bias. . . . . . WSJ law blog has this post about whether law firms are sloppy, or even false, about filing affidavits for banks in...


roundup (April 19, 2010)

Posted on April 19, 2010
What Can Happen When Lawyers Delegate Some of Their E-Discovery Duties to the Client. I've been expecting more and more cases on this point. . . . . . Mississippi updates its code of judicial conduct. . . . ....


Touch and Compliment and Arnie Becker

Posted on April 18, 2010
In my recent encounter with the medical profession, I noticed that doctors and nurses who checked in on me in the hospital would somewhere along the way touch a shoulder or a knee, make eye contact and smile. I wouldn't...


Dewey & LeBoeuf sells bonds to refinance debt

Posted on April 17, 2010
Story here. It's unusual, but apparently Dewey did it once before.


Fordham Symposium: The Economic Downturn and the Legal Profession

Posted on April 17, 2010
Table of contents and links at Concurring Opinions.


"Minneapolis Lawyer Accused of Stealing From Clients"

Posted on April 15, 2010
Story at WSJ law blog.


Interview with Qualcomm lawyer (Adam Bier)

Posted on April 15, 2010
Interesting interview over at Above the Law.


odds and ends (April 15, 2010)

Posted on April 15, 2010
Ex-lawyer and convicted felon Bill Lerach may be teaching at UC-Irvine's law school. Forbes lists several lawyers who fell from grace and then taught about their experiences. (Note, though, that Lerach's proposed course will not be of the "what I...


"Nancy Temple reclaims her reputation . . . "

Posted on April 13, 2010
If you followed the Arthur Andersen affair, you might enjoy reading how Nancy Temple reclaimed her career -- one day and one task at a time.


Interviews with Qualcomm lawyers

Posted on April 12, 2010
Video clip here. Surviving the Qualcomm sanctions from Cal Law on Vimeo.


Ethics Issues for Supreme Court Nominees

Posted on April 12, 2010
Other web sites are discussing what commentators want in a Supreme Court nominee. What about ethics? What would you look for in a nominee? What characteristics or experiences in a nominee would improve the judiciary? For example, if a nominee...


It?s an expensive rule, but perhaps well worth the cost. Who's spending money on whom? And why?

Posted on April 11, 2010
The recent California Court of Appeal ruling in Kirk, permitting unilateral screens over the objections of adverse parties in certain scenarios, raises hot button issues. When we decide that all former client and former non-client consultator (is that a word?)...


Carolyn Elefant (of My Shingle) on the ethics of cloud computing

Posted on April 10, 2010
Carolyn Elefant's letter to the North Carolina bar about cloud computing is over at My Shingle. Definitely worth a read.


Thoughts of Ivan Ilyich in the ER

Posted on April 10, 2010
I broke a cardinal parental rule at dinner Wednesday. I didn?t chew well and a particularly insolent morsel lodged midway down my esophagus and stayed put. This blocked all sustenance. I couldn?t swallow. Thursday morning saw no change. I considered....


Articles on "disaggregated" legal work (playing ethically with other service providers)

Posted on April 09, 2010
Two recent articles deal with issues of working with co-counsel and other service providers. Doug Richmond wrote Professional Responsibilities of Co-Counsel: Joint Venturers or Scorpions in a Bottle?, 98 Ken. L. J. 461 (2009-2010). Unfortunately, I can?t find a link,...


Privilege issue involving Blagojevich's former lawyer (or not)

Posted on April 09, 2010
This article is a little frustrating, because it raises an interesting issue but doesn't have all the facts a legal ethics wonk would want. In the upcoming trial of former Gov. Blagojevich, a lawyer will be called to testify and...


Liu's secret dustbin

Posted on April 09, 2010
This one reminds me of Ronald Reagan's famous speech before the British Parliament in 1982 in which he said that communism would end up on the ?ash heap of history.? Up until that revealing moment, we suspected but we never...


Improving diversity in law schools by selectively dropping the LSAT requirement

Posted on April 09, 2010
The University of St. Thomas joins Michigan, Alabama and Illinois in selectively dropping the LSAT requirement to boost diversity. Story here. As we discussed previously here, in the last decade the total number of law students went up while the...


"State Bar Should Let Some Sunshine In"

Posted on April 09, 2010
Article here, by the GC of Avvo, arguing that state bars should be subject to sunshine laws and considered public records.


The Irrelevance of Law Reviews

Posted on April 09, 2010
From a report by Tony Mauro in the National Law Journal about a talk by Chief Justice Roberts at the University of Indiana: A questioner struck a chord with Roberts by asking him how he uses law reviews in his...


Evils of Slave Trade and Other Shocking Revelations Before Senate Judiciary Comm.

Posted on April 08, 2010
I have begun to sort through the mass of material provided to the Senate by Goodwin Liu in his original questionnaire and the material he provided in his supplemental questionnaire. I don't know him, and I want to see what...


The Embarrassment of Having Been Wrong

Posted on April 08, 2010
In reading Joan Biskupic?s interesting biography of Antonin Scalia (?American Original?), I was surprised to find myself quoted for an opinion that I didn?t remember and that I think is clearly wrong. When I checked the source, however, I was...


Conflict of interest claim against Canadian firm arising from GM dealer shutdowns

Posted on April 07, 2010
Story here, which includes a brief synopsis of Canadian conflicts doctrine.


Goodwin Liu and the Case of the Missing Brown Bag

Posted on April 07, 2010
Download Liu It is nothing new for the Senate to give a hard time to nominees for the federal bench. Ethics issues are a favorite source of controversy (recall Judge Alito and Vanguard ? the mutual fund, not the toilet...


some recent scholarship (April 7, 2010)

Posted on April 07, 2010
Gillilan Hadfield: Law for a Flat World: Legal Infrastructure and the New Economy. Excerpts from abstract: In the last two decades, the economy has undergone fundamental transformation with the twin structural changes of a great increase in the size of...


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