Legal Ethics

  • August 07, 2024

    Mortgage Banker Says Experian Can't Tie Him To 'Sham' Suits

    A New Jersey-based licensed mortgage banker is urging a California federal judge to let him escape Experian's suit alleging that he helped credit reporting law firms identify clients and created false evidence of a mortgage denial in a nationwide scheme to "extort" the credit reporting agency into settling "sham" lawsuits.

  • August 07, 2024

    Air Force Says Sanctions Bid In Contract Dispute Unwarranted

    The U.S. Air Force has hit back at a contractor's bid for sanctions over alleged late document production and document destruction in a contract dispute, saying the motion was unexpectedly sprung on it while the parties were negotiating discovery issues.

  • August 07, 2024

    Calif. Judges Cautioned About Recall, Election Comments

    The California Supreme Court Committee on Judicial Ethics Opinions is cautioning judges about making comments concerning pending proceedings or decisions that come under fire during a campaign or recall effort, saying such comments can impact the public's perception of judicial integrity.

  • August 07, 2024

    BP Malpractice Deal Needs Work, 5th Circ. Says

    The Fifth Circuit scrapped a legal malpractice settlement in a consolidated lawsuit alleging attorneys were negligent in representing plaintiffs seeking compensation following the BP Deepwater Horizon oil spill, with a panel finding the terms were not mutually agreed upon.

  • August 07, 2024

    Logistics Co. CEO Denies Role In NJ Racketeering Scheme

    The chief executive officer of logistics firm NFI Industries on Wednesday denied that he played a role in an alleged scheme led by a New Jersey power broker accused of reaping millions in tax credits by using extortion to acquire waterfront property in the distressed city of Camden.

  • August 06, 2024

    Thompson Hine Says Ex-Atty's Harassment Claims Lack Teeth

    A former Thompson Hine LLP attorney's sex harassment suit should be dismissed for failing to show that gender bias had anything to do with the workplace conflicts that arose during her tenure, the firm argued in a New York federal court filing.

  • August 06, 2024

    Girardi Used Client Funds As 'Personal Piggy Bank,' Jury Told

    The prosecution and defense painted starkly different portraits of Tom Girardi during opening statements Tuesday in the disbarred attorney's criminal fraud trial, with a California federal prosecutor saying Girardi stole millions from vulnerable clients while his lawyer described him as an "old man" losing his memory and exploited by an underling.

  • August 06, 2024

    Possible Juror Naps Don't Tank Conviction, Conn. Justices Rule

    A man's murder conviction and 65-year prison sentence will stand despite his protests that the trial judge should have intervened more strongly when a juror seemed to fall asleep several times on the first day of testimony, the Connecticut Supreme Court ruled Tuesday.

  • August 06, 2024

    Powell, Trump Attys Seek To Halt Mich. Bar Discipline Cases

    Sidney Powell and other attorneys behind a legal challenge to Michigan's 2020 presidential election results want bar discipline proceedings paused while they ask the Michigan Supreme Court to step in and dismiss the professional misconduct complaints.

  • August 06, 2024

    39 Law Firms Call On 6th Circ. To Reverse FirstEnergy Ruling

    Dozens of law firms have signed on to an amicus curiae brief urging the Sixth Circuit to reverse a decision in a FirstEnergy shareholder litigation, the latest voices in the legal, insurance and business communities to call on the appellate court to reverse an Ohio federal judge's ruling they warn will threaten attorney-client privilege.

  • August 06, 2024

    Jones Day Slams Ex-Client's Bid To Exit $2M Fee Fight

    Jones Day wants to prevent former client Soverain Software LLC from exiting a decade-long spat over $2 million in unpaid legal fees, telling an Illinois state court that Soverain's bid to bring the litigation to a close "is a house of cards that collapses with the slightest breeze."

  • August 06, 2024

    Plaintiff Drops Atty Malpractice Suit Filed After Appeal Loss

    A woman who filed a malpractice lawsuit against her lawyer that Colorado justices found was untimely in a personal injury case has dropped the suit.

  • August 06, 2024

    Former Judge's Misconduct May Spark Fights Over Conflicts

    Many of the defendants in criminal cases presided over by disgraced District of Alaska Judge Joshua Kindred could try to have their convictions or sentences overturned due to the judge's allegedly inappropriate relationships with attorneys, with ethics experts saying such attempts could prove successful but also challenging.

  • August 06, 2024

    Legal Service Co.'s Template Misused Identity Of Fla. Atty

    Tampa Bay attorney Matthew Weidner has shared his work online before to help self-represented litigants, but a copy-paste error following a legal service company using his old pleading as a template recently led to his identity being misused in a Sixth Circuit case.

  • August 06, 2024

    Fla. Judicial Ethics Panel Sets Parameters For Elections

    Florida's Judicial Ethics Advisory Committee has handed down a pair of opinions for judges navigating elections involving a judicial assistant and a judge's spouse.

  • August 06, 2024

    ABA Tells States To Nix Rape Disclosures For Bar Applicants

    The American Bar Association unanimously passed a resolution Tuesday that calls on state admission authorities to stop asking would-be lawyers to disclose their experiences of sexual violence and harassment during the attorney licensure process.

  • August 06, 2024

    Atty Rips Lawyer's Suit Over $30K Law School Loan Judgment

    A Florida employment lawyer's "absurdly long" federal complaint alleging his onetime romantic partner and her attorneys conspired with a Wells Fargo consultant to concoct a vexatious lawsuit against him should be trimmed, one defendant argued Tuesday, noting that an underlying judgment was entered against the plaintiff.

  • August 06, 2024

    Texas Justices Look To Non-Attys To Narrow 'Justice Gap'

    In seeking to make legal help accessible to low-income residents of the Lone Star State, the Texas Supreme Court on Tuesday laid the groundwork for allowing nonattorneys to provide limited legal services, while remaining silent on the issue of nonlawyer ownership in organizations that provide legal services.

  • August 06, 2024

    NJ Firm Wants Sanctions In Dispute With Ex-Employees

    Davis Saperstein & Salomon PC said eight former employees and the attorney representing them should be sanctioned for filing a pair of lawsuits in New Jersey state court alleging the firm violated wage and discrimination laws.

  • August 06, 2024

    Feds Say Marathon Bomber Can't Oust Judge Amid Retrial Bid

    Federal prosecutors said lawyers for Boston Marathon bomber Dzhokhar Tsarnaev misconstrued a local rule in seeking a different judge to consider his bid for a new sentencing trial.

  • August 06, 2024

    Defense Contractor Wants Maynard Nexsen DQed In Bias Case

    Defense contractor Parsons Corp. urged an Alabama federal judge to disqualify Maynard Nexsen PC from representing a former engineer in his unlawful termination case against the company, saying the firm was also representing Parsons when he filed his case.

  • August 05, 2024

    Ex-Trump Atty Ellis To Cooperate In Ariz. Fake Electors Case

    Jenna Ellis, former legal adviser to Donald Trump, has agreed to cooperate with Arizona prosecutors' case alleging allies of the former president made efforts to subvert the results of the 2020 presidential election, the Arizona Attorney General's Office announced Monday.

  • August 05, 2024

    5th Circ. Finds No Misconduct In Judges' Columbia Boycott

    Eight federal judges did not violate ethical rules or standards when they decided earlier this year not to hire alumni of Columbia University or its law school as clerks in response to its handling of student protests over the Israeli-Palestinian conflict, the Fifth Circuit Judicial Council decided Friday.

  • August 05, 2024

    Nondisclosure Led To 'Apparent Bias' In Nigeria Oil Case

    A London court has ordered a tribunal to reconsider an arbitral award issued in a $2 billion case over a funding deal for Nigerian oil fields, ruling that a since-replaced arbitrator had wrongly failed to reveal the total extent of her relationship with Freshfields Bruckhaus Deringer LLP.

  • August 05, 2024

    New Colo. Chief Justice Angles For More Judges

    Colorado Chief Justice Monica M. Márquez said Monday she is preparing to ask state lawmakers for more money to expand the state court bench, including possible additions to the intermediate court of appeals, which a National Center for State Courts report found is understaffed.

Expert Analysis

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • Money, Money, Money: Limiting White Collar Wealth Evidence

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    As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

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