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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

Michele Benedetto Neitz, "A Unique Bench, A Common Code: Evaluating Judicial Ethics in Juvenile Court"

Posted on August 25, 2010
Article here. Abstract. Recent cases involving ethical scandals on the juvenile court bench have caught the interest of legal scholars, judges, practitioners and the public. This article proposes a new theoretical framework for assessing these problems and articulates a series...

Gabriel Chin & Margaret Love, "Status as Punishment: A Critical Guide to Padilla v. Kentucky"

Posted on August 25, 2010
As we've discussed here before, Padilla v. Kentucky held that a lawyer's failure to advise a criminal defendant of the reasonably ascertainable consequences of a guilty plea on the defendant's deportation status was a deprivation of the constitutional right to...

Georgia case: expert affidavit required for malpractice case but not for fraud claim

Posted on August 25, 2010
Crosby v. Pittman. Key graf: Michael Shane Crosby appeals from the dismissal of the complaint he filed against his former attorney, David Pittman. Crosby asserts that the trial court erred in holding that the expert affidavit requirement of OCGA §...

Legal ethics items (August 25, 2010)

Posted on August 25, 2010
If law firms are now looking for unpaid summer associates -- why not charge them? From Law of Criminal Defense: Ohio lawyer suspended for padding bills on appointed cases. A new case from Kentucky, McNew v. Commonwealth, holds, not surprisingly,...

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GSI Commerce Solutions: Why the 2nd Cir. Had Jurisdiction

Posted on August 25, 2010
Earlier I wondered what gave the circuit jurisdiction to review the district court's disqualification decision. Absent a final judgment, mandamus, or permission for an interlocutory appeal, these decisions - pro or con - are not reviewable, thereby depriving us (especially...

Legal ethics odds and ends (August 24, 2010)

Posted on August 24, 2010
There's a fine line between hard litigation (ok) and harassing litigation (not ok), and courts have been scrutinizing the tactic of taking the deposition of the opposing party's CEO when, arguably, the CEO has no relevant knowledge. Point of Law...

Legal ethics around the globe (August 24, 2010)

Posted on August 24, 2010
In Fiji, a justice of the high court has advice for newly admitted lawyers. From the Daily Mail: In the UK, a cabinet minister (David Willets) said that law schools should admit students based upon their potential rather than on...

New Ninth Circuit cases on lawyering

Posted on August 24, 2010
In Crittenden v. Ayres, the Ninth Circuit finds that juror challenges were improper. In Detrich v. Ryan, the Ninth Circuit held that a failure to investigate in preparation for the penalty phrase prejudiced the defendant.

Public comments due by September 5th on COPRAC draft opinion about technology and confidences

Posted on August 24, 2010
Draft opinion here. Question presented: Proposed Formal Opinion Interim No. 08?0002 considers whether an attorney violates the duties of confidentiality and competence he or she owes to a client by using technology to transmit or store confidential client information when...

Stephanie Kimbro on ethics & virtual offices

Posted on August 23, 2010
Via Legal Current, two videos of Stephanie Kimbro discussing virtual offices.

Andrew Coats, Dean Emeritus at Oklahoma, receives American Inn of Court Professionalism Award

Posted on August 23, 2010
Story here. Bio here.

Ethics news (August 23, 2010)

Posted on August 23, 2010
The ABA has adopted new rules for trust fund accounting. Stories here and here. From New York Law Journal: Attorney's ties to organized crime family do not present disqualifying conflict. I must be missing something, because according to the article....

New cases on ineffective assistance and Batson challenges in death penalty cases

Posted on August 23, 2010
Details are at Capital Defense Weekly, which rounds up the case law. (There are a lot more cases categorized as "for death" than "for life.")

In Australia, "Can conduct unconnected with practice constitute misconduct at common law?"

Posted on August 22, 2010
From Australian Professional Liability Blog. It can in the US.

Ninth Circuit reverses because District Court didn't respect the defendant's Faretta rights

Posted on August 22, 2010
In US v. Farias, the Ninth Circuit hammered home the importance of an accused's right to self-representation. The district court had twice warned the defendant that trial would proceed the next day -- admonishments that infringed on the defendant's rights.

Does experience count in evaluating lawyer conduct rules?

Posted on August 22, 2010
At two different public forums sponsored by the 20/20 commission this year, certain rule changes were discussed although the commission has made no recommendations regarding either. One was whether the rules should allow nonlawyers to have ownership interests in law...

Matt Yglesias doesn't like bar exams

Posted on August 21, 2010
His thoughts here. But, it seems to me, the free trade argument should focus primarily on the rule that one cannot sit for the exam without attending an ABA accredited school.

Lawyers take a haircut on a contingency fee in Colorado

Posted on August 21, 2010
In Berra v. Springer & Steinberg, the court felt that 30% to collect on a judgment was excessive and that the ultimate recovery was due in large part to good fortune rather than good lawyering. The case provides a nice...

2nd Circuit Opinion on Disqualification

Posted on August 21, 2010
This week the 2nd Circuit affirmed a lower court decision disqualifying Blank Rome based on the representation of another member of the opponent's corporate family. According the NYLJ: "Judge Ralph K. Winter, Jr., writing for the unanimous appeals panel inGSI...

Legal ethics items (August 20, 2010)

Posted on August 20, 2010
Overblown controversy? A federal judge's new book is titled, "In Defense of Women: Unrepentant Advocate." Does that make reasonable people doubt her impartiality in certain cases? (Not me.) From The Faculty Lounge: "Widespread Evidence Distortion Discovered in North Carolina Criminal...

Would you like to see Pursely v. Philippe published?

Posted on August 20, 2010
As discussed earlier here, a California Court of Appeal ruled in Pursley v. Philippe that when a person learns a party's confidences while acting not as a lawyer and then moves laterally to a law firm adverse to the party,...

Unpublished opinion in California leaves transactional lawyers vulnerable to negligent misrepresentation claims by non-clients

Posted on August 20, 2010
Raicevic v. Lopez, an unpublished opinion from the California Court of Appeal, deals with the familiar fact pattern where a transactional lawyer for one party is sued by the other party. The lawyer had drafted a defective pledge agreement running...

Forbes to rank law school, including on "return on investment"

Posted on August 20, 2010
Via Tax Law Prof Blog we learn that Forbes will rank law school, and will include analysis of return on investment. Great idea, but do schools honestly report the data that applicants and students really need?

The importance of teaching speaking skills

Posted on August 19, 2010
Meredith Harbach has thoughts at Concurring Opinions and Samuel Pillsbury, of Loyola (LA) wrote this article on the topic. I've taught speaking skills at Berkeley and Indiana and agree whole heartedly on the importance of preparing students for speaking not...

Blagojevich Three Years After First Conviction

Posted on August 19, 2010
USA Fitzpatrick failed to convict Blagojevich on 23 of 24 multiple counts. But not to worry. Fitzpatrick succeeded in convicting Blagovich, and destroying his reputation and career, three years ago with a vicious press conference -- and without having to...

Legal ethics bits and pieces (August 19, 2010)

Posted on August 19, 2010
In GSI Commerce Solutions, Inc. v. Babycenter L.L.C., the Second Circuit affirmed a disqualification where the firm represented the adversary's parent corporation -- a fact patten that, to my surprise, the court said it hadn't addressed before. (If I may,...

California's new statute of limitations for criminal defense malpractice

Posted on August 18, 2010
Via the Hinshaw firm's The Ethical Quandary: California has clarified when the statute of limitations runs on certain claims that criminal defense counsel committed malpractice. If the claim requires proof of actual innocence, the statute runs two years after exoneration.

SEC has new ethical guidelines for employees

Posted on August 18, 2010
From CorporateCounsel.net, at the bottom of the post: "Recently, the SEC adopted supplemental standards of ethical conduct for its employees, mainly to respond to the SEC's Inspector General report that contained allegations of insider trading by some of the attorneys...

"ABA considers accrediting overseas law schools"

Posted on August 18, 2010
Story at AmLaw Daily.

Orrick accuses Quinn of participation in corporate espionage

Posted on August 18, 2010
From ALM. The litigation between Mattel and MGA, which was already hard fought, took an even nastier turn as MGA accused Mattel and its outside lawyers of engaging in improper corporate espionage. Bringing the opponents' lawyers into the fight has...

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