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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

White Collar Crime Prof Blog on Dickie Scruggs and KPMG

Posted on February 13, 2008
The White Collar Crime Prof blog is doing a great job covering two stories I wish we had more time to cover here: the KPMG case and the Dickie Scruggs matter.

More on that Misdirected Email

Posted on February 13, 2008
Following up on the misdirected email story, here is what the New York Times reporter had to say about it. (Thanks to my colleague, Marc Greenbaum, for the tip.)

Newspaper series on dependency court

Posted on February 12, 2008
The San Jose Mercury News is running a powerful series of articles on dependency court in Santa Clara County. You could use the series as a supplement text -- if not the main text -- in a PR or family...

Lawyers' Liability Down Under: Stephen Warne's Blog

Posted on February 12, 2008
Stephen Warne blogs about the legal profession in Australia, where they are trying some innovations (e.g., public ownership of law firms) that may someday find their way to the US.

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Client Perjury - Again, and Still

Posted on February 12, 2008
The current issue of the GJLE has the first law review article I have written on the perjury trilemma since the 1966 one in the Mich. L. Rev. I'd be interested in comments. Here is the TOC. I. The Beginning...

Why Maryland's State Bar Doesn't Give Ethics Opinions for Free

Posted on February 11, 2008
In the comments to an earlier post, Paul Raschke, the chair of Maryland's ethics committee, explains the history behind their decision to charge for access to their ethics opinions.

Lerach to Lecture on Legal Ethics at Pittsburgh?

Posted on February 11, 2008
Given how much press the Lynne Stewart story got, this is sure to get some attention as well. Unlike Stewart, who gave a single lecture at an ethics conference, William Lerach could be more heavily involved in teaching the basic...

Feeling Sorry for Big Firms

Posted on February 10, 2008
John kindly invited me to share a panel with him at the APRL meeting last Friday. The topic was terms sophisticated clients now demand of sophisticated firms. I played my role of economic provocateur, and the APRL members were as...

The Pepper-Luban-Kaufman debate over lawyers and morality

Posted on February 10, 2008
I'm glad to post some classic articles that are hard to find. In preparation for an Inn of Court presentation, I corresponded with Professors Stephen Pepper and David Luban, who kindly granted permission to post their classic dialogue about whether...

Ben Kuehne indicted: gave legal advice about accepting legal fees

Posted on February 09, 2008
Story here, and here. Kuehne allegedly advised criminal defense attorney Roy Black about the legality of accepting certain cash for the defense of a drug kingpin. Kuehne was presumably acting in the counselor/advisor capacity when he offered the opinion, and...

The Happy Legal Ethicist

Posted on February 08, 2008
Or so says this article from the National Law Journal.

A Remarkable Story About an Inadvertent Disclosure, a Lawyer, and a Journalist

Posted on February 06, 2008
Sound like the start of a really bad joke? Unfortunately, it's not. Here's the story. Eli Lilly was recently in confidential talks with the federal government regarding the marketing of the company's schizophrenia drug, Zyprexa. One of Lilly's lawyers apparently...

Update on North Carolina Lawyer Facing Discipline

Posted on February 05, 2008
You may recall this story about a North Carolina lawyer who disclosed confidential information from a deceased former client, because it showed that a man who was serving time for murder was actually innocent. That attorney had been facing discipline,...

Interesting Piece on "Lessons" from Qualcomm

Posted on February 05, 2008
There's a good piece here on the lessons that lawyers can learn from Qualcomm. I always tell students that "character is what you are in the dark" (hat tip to Buckaroo Bonzai). This article does a nice job of parsing...

EU Considering Case on In-House Counsel Privilege

Posted on February 04, 2008
Should communications with in-house counsel never be privileged, since the lawyer is not independent of the client? If the premise sounds flawed, then you're with me, but you should read about the fight going on in Europe right now. A...

The Trend on Metadata?

Posted on February 04, 2008
I've been giving some additional thought to the ethics issues associated with metadata, both because of the recently issued opinions in Arizona and Pennsylvania and because I've recently given several lectures on the problem. In my view, I think it's...

ABA urges tougher accreditation standards (at the cost of diversity?)

Posted on February 03, 2008
Story here, with nods to Volokh (where the comments are flying fast and hot) and Paul Caron. One of the commentors at Paul Caron's site has linked to this data, which shows low bar passage rates and how far those...

Issue Spot Exam Question in legal ethics

Posted on February 02, 2008
Here's the issue spotter from my Fall 2007 course at UC-Berkeley. ***************** You?re a third year associate at Stacy Brent & Associates. The sole partner, Stacy Brent, left you this voicemail: ?I?m in trial representing a British citizen, Nehal Mehta,...

NLJ on Qualcomm Opinions

Posted on February 01, 2008
There's a pretty interesting piece here on this issue and the "tremors it is creating, which we blogged about below.

Ads?

Posted on January 30, 2008
You may notice our new look over on the right side -- advertisements. (Sorry, Florida Bar.) In the blogosphere, even in the academic blogosphere, many (most?) blogs have ads, so our feeling is that it doesn't take away from the...

Lynne Stewart's appeal

Posted on January 30, 2008
Via Althouse, here's news of the appellate argument in Lynne Stewart's case. As I understand it, there is a legitimate issue of about the required intent under the statute, but if any of the three appellate judges opines that what...

More on Metadata

Posted on January 30, 2008
At this rate, we're going to have quite a few ethics opinions on metadata over the next couple of years. Here is what Arizona has to say on the topic. In essence, the Arizona State Bar Association has concluded that...

Ads?

Update on Unbundling in New Jersey

Posted on January 29, 2008
Last year, I blogged about a controversial court opinion in New Jersey, which held that a lawyer had violated the rules of professional conduct because he ghostwrote a brief on behalf of a pro se litigant. As I suggested in...

Symposium on Ethics and Evidence

Posted on January 28, 2008
Some of you may have recently received a copy of the Fordham Law Review, which has a nice collection of articles related to evidence and ethics. In case you missed it, here's information about the symposium from the Evidence Law...

Pennsylvania Issues Opinion on Metadata Mining

Posted on January 23, 2008
Hmmm... as noted elsewhere here, the question of whether it is ethical to look for metadata in a document e-mailed among opposing counsel has split the bar associations. Pennsylvania recently issued opinion 2007-500 (not available on line, but at 30....

Professional Protectionism from East to West

Posted on January 23, 2008
Take a look at this story out of Massachusetts. Some doctor groups there fought (unsuccessfully) to keep pharmacies from opening nurse-staffed in-store medical clinics, arguing that such clinics would jeopardize patient safety. And now compare that story to this one...

Legal Ethics in the Times

Posted on January 22, 2008
The always superb Adam Liptak covers two recent legal ethics stories in the New York Times. First, there is this story from today's Times on whether the zealous advocacy norm should be relaxed in the mass tort context. And then...

Florida Bar sued over ads

Posted on January 22, 2008
The Florida state bar's advertising restrictions have been challenged in court on first amendment grounds. (hat tip to Legal Profession Blog) I'd like to see sanity prevail, but if the Florida bar starts obeying the constitution we'd lose some "news....

Sheller v. Superior Court:

Posted on January 21, 2008
A new California Court of Appeal case reversed sanctions against a Texas lawyer, but suggested that the lawyer's pro hac admission could be revoked. Full opinion here. (Scroll down to January 17, 2008; Sheller v. Superior Court) Key graf here:...

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