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Ethics

: Legal Ethics Forum

what's going on (June 10, 2010)

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Texas has issued an ethics opinion, No. 597, saying that Texas lawyers may practice in firms that have non-Texas lawyers who from time to time practice a little law out of the Texas office. . . . . . Point of Law praises anti-SLAPP laws in general, and really praises California's strong protections. In California, the SLAPP law provides lawyers with significant protections and in some ways is strong than the common law litigation privilege. A lawyer named as defendant may be able to immediately shut down the suit and collect attorneys fees. . . . . . The White House is walking a fine line: it warns against "lawyering up," says it's deciding whose "ass to kick," and is opening up a criminal investigation, yet it needs the cooperation and expertise of BP. I'm hoping that the lawyering up doesn't impede progress, although who can blame them for lawyering up? . . . . . There's some concern in Indiana about judges reading blogs and such about cases currently pending. . . . . . Here's a new scholarly piece by Eli Wald about the "Great Recession and the Legal Profession." . . . . . Jeff Rensberger offers this scholarly article about law school transfers ("The Tragedy of the Student Commons"), arguing that current practices have a net negative effect on legal education. My sympathies are with the students who were denied admission at the school of their choice, spent their 1L year working hard, and wish to move to a school with a stronger "trademark." One unfortunate side effect is that the process is part of the message that law schools relentlessly teach their students: succeeding in the legal field means gaming the numbers. . . . . . In Plouffe v. Ligon, the Eighth Circuit affirms a Younger abstention ruling in a case where a lawyer had asked the federal district court to enjoin the Arkansas discipline system from proceeding against him for having written a legal brief intemperately attacking a judge. . . . . . "Prosecutors asked a federal court Wednesday to disqualify a defense attorney for accused Staten Island, N.Y., securities fraudster Kenneth Marsh, arguing that the lawyer was a participant in the $17.5 million scheme. " . . . . . Lawyer and Ponzi schemer Scott Rothstein gets 50 years. . . . . . The National Federation for the Blind has filed an amended complaint against LSAC and four California law schools, alleging discrimination. . . . . . In People v. Wilkinson, the California Court of Appeal found reversible error where the trial court accepted counsel's waiver, over the client's objection, of the client's right to be present at a commitment hearing. The client had significant physical and psychological disabilities. . . . . .

Full post as published by Legal Ethics Forum on June 10, 2010 (boomark / email).