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Legal Ethics Forum 
Covering Legal Ethics
Post Frequency: 11.2/day Last Entry: August 14, 2020 at 13:23:48 Recent Entries: 2870
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Odd and Ends about Previous Posts (as reported by the WSJ Law Blog)
Posted on March 30, 2008Regarding Ben Kuehne, the Miami criminal defense lawyer who was criminally charged for rendering an ethics opinion approving of Roy Black's receipt of legal fees from an alleged drug kingpin: we've heard the extraordinary rumor -- we repeat "rumor" --...
More on US News
Posted on March 29, 2008I tried to post this as a comment, but we don't allow html, so this is a follow on to Andy's post, below. Andy, when I view the "below 101" numbers, there's no "score" and they seem to be alphabetical....
More on US News
Posted on March 29, 2008I tried to post this as a comment, but we don't allow html, so this is a follow on to Andy's post, below. Andy, when I view the "below 101" numbers, there's no "score" and they seem to be alphabetical....
Full U.S. News Law School Rankings Now Posted
Posted on March 28, 2008You don't have to rely on fuzzy images of early-released copies any longer. The 2009 rankings are now up on the U.S. News web site. Of note this year is that third and fourth tier schools appear to be listed...
The Misdirected Message and the Search for Truth
Posted on March 28, 2008The following illustrates how the misdirected fax or email can aid in the search for truth -- an issue that is consistently ignored or minimized in discussions supporting a requirement that lawyers ignore such messages, send them back, etc. Misdirected...
The Misdirected Message and the Search for Truth
Posted on March 28, 2008The following illustrates how the misdirected fax or email can aid in the search for truth -- an issue that is consistently ignored or minimized in discussions supporting a requirement that lawyers ignore such messages, send them back, etc. Misdirected...
Full U.S. News Law School Rankings Now Posted
Posted on March 28, 2008You don't have to rely on fuzzy images of early-released copies any longer. The 2009 rankings are now up on the U.S. News web site. Of note this year is that third and fourth tier schools appear to be listed...
March Madness! (think USN&WR rankings, not basketball)
Posted on March 26, 2008Well, the rankings are [probably] out. In a perfect world, law schools would provide data about their students' debt loads, their entering credentials, their bar passage rates by entering credentials and by class rank, their hiring statistics (including starting salary)...
Harvard Law Review note on "Government Counsel and their Obligations"
Posted on March 25, 2008Pdf here. (nod to Concurring Opinions)
Ethical Infrastructures in Australian Firms
Posted on March 25, 2008Here's an article about building a more formal ethics infrastructure in Australian firms. The article acknowledges the help of, among others, Elizabeth Chambliss, Susan Fortney, and Kimberly Kirkland, who have all written good pieces about ethics and structural issues in...
Posts about non-lawyers in court
Posted on March 25, 2008The first one, viaMike Frisch at Legal Profession Blog, says that "the Montana Supreme Court has adopted rules that permit non-lawyers to act as counsel before the Montana Water Court." The second, via Erica Hashimoto of Concurring Opinions, discusses tomorrow's...
March Madness! (think USN&WR rankings, not basketball)
Posted on March 25, 2008Well, the rankings are out. In a perfect world, law schools would provide data about their students' debt loads, their entering credentials, their bar passage rates by entering credentials and by class rank, their hiring statistics (including starting salary) by...
Harvard Law Review note on "Government Counsel and their Obligations"
Posted on March 25, 2008Pdf here. (nod to Concurring Opinions) UPDATE: Having read the piece, I find it to be an interesting but flawed thought experiment. The thesis is that we adapt the corporate lawyer's gatekeeping function to the world of Executive Branch (EB)...
Ethical Infrastructures in Australian Firms
Posted on March 25, 2008Here's an article about building a more formal ethics infrastructure in Australian firms. The article acknowledges the help of, among others, Elizabeth Chambliss, Susan Fortney, and Kimberly Kirkland, who have all written good pieces about ethics and structural issues in...
Posts about non-lawyers in court
Posted on March 25, 2008The first one, viaMike Frisch at Legal Profession Blog, says that "the Montana Supreme Court has adopted rules that permit non-lawyers to act as counsel before the Montana Water Court." The second, via Erica Hashimoto of Concurring Opinions, discusses tomorrow's...
Lawyer's demand letter as criminal extortion?
Posted on March 24, 2008Sometimes, it's extortion. News from Simple Justice.
Wearing a Wireless Microphone to Court
Posted on March 24, 2008That's what a Massachusetts lawyer did during a murder trial in order to take part in a television documentary. The client was convicted and appealed on the grounds that the lawyer's microphone-wearing resulted in ineffective assistance of counsel. (Thanks to...
Lawyer's demand letter as criminal extortion?
Posted on March 24, 2008Sometimes, it's extortion. News from Simple Justice.
Wearing a Wireless Microphone to Court
Posted on March 24, 2008That's what a Massachusetts lawyer did during a murder trial in order to take part in a television documentary. The client was convicted and appealed on the grounds that the lawyer's microphone-wearing resulted in ineffective assistance of counsel. (Thanks to...
Galanter and Henderson on "The Elastic Tournament of Lawyers"
Posted on March 18, 2008The SSRN paper is here. Because it follows up on the seminal Galanter/Palay book, this new article is a must read for people interested in private firm pratice in the US.
Rob Vischer on Moral Engagement Without the "Moral Law"
Posted on March 18, 2008Professor Rob Vischer has a new article with the above title, which can be found here. I haven't read the article yet, but it appears to tackle some important, foundational questions about role differentiated morality and moral dialogue. Here's the...
What hath Nifong wrought?
Posted on March 18, 2008The Recorder is carrying the story of a spate of recent California State Bar disciplinary actions against prosecutors. It's often said that discipline is rarely sought against prosecutors, and so people are naturally asking if this is all a reaction....
Galanter and Henderson on "The Elastic Tournament of Lawyers"
Posted on March 18, 2008The SSRN paper is here. Because it follows up on the seminal Galanter/Palay book, this new article is a must read for people interested in private firm pratice in the US.
Rob Vischer on Moral Engagement Without the "Moral Law"
Posted on March 18, 2008Professor Rob Vischer has a new article with the above title, which can be found here. I haven't read the article yet, but it appears to tackle some important, foundational questions about role differentiated morality and moral dialogue. Here's the...
What hath Nifong wrought?
Posted on March 18, 2008The Recorder is carrying the story of a spate of recent California State Bar disciplinary actions against prosecutors. It's often said that discipline is rarely sought against prosecutors, and so people are naturally asking if this is all a reaction....
Hricik Asks: Got Claims?
Posted on March 17, 2008All, I'm in the final stages of preparing the first of two volumes on ethical issues in patent practice: the first is on patent prosecution (co-authored with Drinker Biddle partner Mercedes Meyers, and the second, on litigation, by lil' ol'...
Peter Margulies on the Office of Legal Counsel
Posted on March 17, 2008OLC lawyers have found themselves at the center of a lot of recent commentary. (See, for example, Brad Wendel's excellent post and the links contained in it here.) Professor Peter Margulies has a new article out that tackles some of...
The Murky Law on Collecting Legal Fees From Criminal Defendants
Posted on March 17, 2008Here is more on the story involving Ben Kuehne, a highly regarded lawyer in Florida who has been indicted for money laundering in connection with the advice that he gave to well-known criminal defense attorney Roy Black. Black wanted to...
Nominations Sought for PR Section Executive Committee Members
Posted on March 17, 2008Here is an annoucement from Professor Peter Joy regarding executive committee nominations for the Professional Responsibility Section of the AALS: Nominations are now open to fill six new vacancies on the Professional Responsibility Section Executive Committee...
Dennis Ventry on "Cooperative Tax Regulation"
Posted on March 17, 2008Dennis J. Ventry Jr., of American University, has published "Cooperative Tax Regulation" at SSRN. Here's an abstract. The last thirty years have witnessed unprecedented tax avoidance. Corporate tax shelters have cost the government hundreds of billions of dollars in lost...
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First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
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This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
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Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...
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