Legal Ethics

  • June 10, 2024

    Colo. Justice Blasts Majority Decision In Judge DQ Case

    The Colorado Supreme Court reinstated a man's motor vehicle theft conviction Monday after he convinced a lower court to overturn it because the judge who presided over his trial should have been disqualified, with a dissenting justice arguing the ruling upends "long-settled law" as to when the right to seek such disqualification can be deemed to have been waived.

  • June 10, 2024

    Colo. DA Defends Interviewing Ex-Wife Of Murder Case Judge

    A Colorado district attorney on Monday denied that she botched a high-profile murder case targeting a husband in his wife's disappearance, telling a disciplinary panel that her concerns about the judge's honesty justified sending an investigator to interview the jurist's ex-spouse.

  • June 10, 2024

    Colo. Justices Say Toxic Tort Plaintiffs Didn't Waive Privilege

    Colorado's justices on Monday said plaintiffs suing a medical sterilization plant over exposure to a carcinogen cannot be forced to turn over communications with their lawyers related to an expert report, rejecting the plant's argument that the disclosure of a spreadsheet to an expert waived attorney-client privilege.

  • June 10, 2024

    Split Mich. Panel Says Attorney-Free Confession OK For Court

    A split Michigan appellate panel said a judge should have admitted a video of a defendant confessing to hitting someone with his truck because the defendant signed multiple documents waiving his right to have counsel present, although a dissenting judge said police "misled" the defendant and took advantage of his confusion.

  • June 10, 2024

    2nd Circ. Remands Malpractice Suit Against DLA Piper

    The Second Circuit on Monday sent back to state court a Chinese smart car technology company's malpractice suit against DLA Piper that accused the firm of mishandling a shareholder suit, with the appeals court panel saying federal court does not have jurisdiction over the suit.

  • June 10, 2024

    YSL Atty Jailed For Contempt Ruling Over 'Sacrosanct' Convo

    The defense counsel for Atlanta rapper Young Thug was ordered to spend the next 10 weekends in jail after being held in contempt Monday afternoon for refusing to divulge how the attorney learned of a purported conversation behind closed doors between prosecutors, a witness and the judge presiding over the case.

  • June 10, 2024

    Aircraft Engine Co. Avco Wants Ex-Atty Sanctions Bid Cut

    A dispute over deposition scheduling in a sanctions case filed in Pennsylvania federal court by a lawyer who formerly represented an aircraft company has led to accusations of attorneys acting in bad faith to obstruct the case and complaints of a lack of professional courtesy.

  • June 10, 2024

    Amid FBI Probe, Troubled Law Firm Gets Fees Win At 5th Circ.

    An embattled Texas law firm has won another shot to secure fees for its work on hurricane-related cases in Louisiana, the Fifth Circuit ruled, one day after the FBI revealed it was investigating the firm over its client solicitation practices.

  • June 10, 2024

    Kirkland Faces Class Claims Over Breach Of File Transfer Tool

    A proposed class of victims of a data breach has sued Kirkland & Ellis LLP and various other entities in a Massachusetts federal court, accusing them of failing to "properly secure and safeguard [the] plaintiff's and other similarly situated individuals' private information" in the lead-up to the massive 2023 MOVEit data breach.

  • June 10, 2024

    Lin Wood's Ex-Colleagues Push To Keep Fraud Claims In Trial

    Former law partners of controversial attorney Lin Wood have urged a Georgia federal court to block Wood's request to exclude unadjudicated allegations he committed fraud and contract breach, arguing that the details are relevant in an upcoming trial over the ex-colleagues' claims that Wood defamed them.

  • June 10, 2024

    Ga. Judge's Call To Atty Friend Among Ethics Charges

    A Georgia state judge is facing a host of ethics charges, including that she improperly dialed up an attorney friend and later gave her preferential scheduling in a child custody case and, in another case, took more than two years to issue an order to change custody of minor children.

  • June 10, 2024

    Cozen O'Connor Booted From Pa. Equal Pay Case

    Cozen O'Connor has been booted off a Pennsylvania school district's equal-pay lawsuit that was being overseen by a judge with personal ties to the firm, according to an order the judge issued Monday.

  • June 10, 2024

    Tampa-Area Doctor May Sue Attorney, Appeals Court Says

    A doctor's lawsuit over a medical bill dispute with a personal injury lawyer involving one of the lawyer's injured clients may proceed, a Florida appeals court has ruled.

  • June 11, 2024

    UPDATED: Court Says Eastman Disbarment Order Filed In Error

    A California federal court has nixed an order disbarring former Donald Trump lawyer John C. Eastman from the venue, saying in a notice filed Tuesday that the document was filed by mistake.

  • June 10, 2024

    Catching Up With Delaware's Chancery Court

    Big players and big moves dominated much of the past week in Delaware's Court of Chancery, as Tesla in particular and big corporations in general showed their pique over rulings that went toward stockholders or against conventional expectations.

  • June 10, 2024

    Senate Judiciary Panel Urged To Investigate High Court Ethics

    The Leadership Conference on Civil and Human Rights sent a letter on Monday urging the "full power" of the Senate Judiciary Committee be used to investigate the latest "ethics crisis" at the U.S. Supreme Court.

  • June 07, 2024

    Blank Rome Escapes 'Lamentable Saga' In 'Killer Nurse' Case

    A Pennsylvania appellate panel, in what it dubbed "the final chapter in this lamentable saga," affirmed Friday a lower court's order dismissing an attorney's defamation claims against Blank Rome LLP and a hospital that once employed a now-infamous "killer nurse" who pleaded guilty to murdering his patients.

  • June 07, 2024

    Speech Pathologists Say BakerHostetler Bungled Biz Deal

    A trio of Los Angeles-based speech pathologists have filed a malpractice suit against their former BakerHostetler counsel in California state court, accusing the firm and an Ohio-based partner of negligence in failing to properly advise them amid a business deal, allegedly resulting in the therapists losing their successful practice and more than $1 million.

  • June 07, 2024

    Split 9th Circ. Revives LA Schools Vaccine Policy Row

    A split Ninth Circuit panel on Friday reversed a California federal court's dismissal of a proposed class action challenging a recently rescinded Los Angeles Unified School District policy requiring employees to get the COVID-19 vaccine to keep their jobs, ruling that the district still has the potential to reinstate it.

  • June 07, 2024

    Susman Attys Can Exit IP Suit Amid Arigna's Row With Funder

    New York boutique firm Susman Godfrey LLP has persuaded a D.C. federal judge to let the firm out of having to represent patent litigation business Arigna Technology Ltd. following a breakdown in the firm's arrangement with the business's litigation funder.

  • June 07, 2024

    Trump Can Bring Atty To Presentence Interview

    A New York judge ruled Friday that Donald Trump can bring his attorney with him when he sits down with a New York City probation officer for a presentence interview, granting an unusual accommodation to the former president before he is sentenced for his criminal conviction next month.

  • June 07, 2024

    6th Circ. Revives Investors' Suit Over Leech Tishman Advice

    A Sixth Circuit panel has revived a group of investors' claims that Pittsburgh-based Leech Tishman Fuscaldo & Lampl's lawyers gave fraudulent and negligent advice about clean energy investments that turned out to be a Ponzi scheme, reasoning that a one-year statute of limitations had been tolled for some claims and didn't apply to others.

  • June 07, 2024

    Contractor Claims No Bad Intentions In Talking To Juror

    A general contractor has doubled down on his bid to throw out a contempt conviction for talking to a juror before his suit was officially settled, telling a North Carolina appeals court he genuinely believed the case was over and didn't intend to disrupt the court or violate any order.

  • June 07, 2024

    'Deceit On Deceit': 7th Circ. OKs Atty's Asset-Hiding Sentence

    The Seventh Circuit Court of Appeals upheld a Chicago-area lawyer's three-year sentence for hiding over $350,000 in her brother's bankruptcy, finding two sentence enhancements were properly applied since she "layered deceit upon deceit" to try to conceal assets and cover her tracks.

  • June 07, 2024

    Justices Report Old Trips, Beyoncé Tickets And Royalties

    U.S. Supreme Court Justice Clarence Thomas disclosed Friday two trips he took in 2019 paid for by a Republican billionaire donor that were the subject of bombshell reporting last year, while his colleagues divulged more than $1.5 million in book-related income and several gifts, including Beyoncé tickets, in their annual financial reports.

Expert Analysis

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • What Panama Canal Award Ruling Means For Int'l Arbitration

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    As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Alleged $636M Deal Error Highlights Ethics Considerations

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    Adelman v. Proskauer, a malpractice suit that allegedly arose from a cut-and-paste error resulting in potential damages of $636 million, presents an intriguing juxtaposition of facts and legal issues — and practical ethical considerations for transactions attorneys, says Richard Leisner at Trenam Law.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Alleged $636M Deal Error Shows Value Of Old-School Methods

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    Though Proskauer Rose has now settled claims involving a copy-paste error in deal documents that could have resulted in $636 million in damages, the debacle reminds attorneys that classic revision methods using paper copies can help avoid drafting errors and actually save time in the long run, says Richard Leisner at Trenam.

  • Twitter Sanction Highlights Privacy Law's Complexity

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    The D.C. Circuit's recent decision to uphold a sanction against X Corp., formerly known as Twitter, for failing to produce account records in response to a subpoena highlights the importance of understanding the Stored Communications Act, particularly when deciding to produce or not produce data, says Cary Aronovitz at Holland & Knight.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

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