Legal Ethics

  • August 12, 2024

    Convicted Fla. Atty Says Bogus Threat Testimony Tainted Trial

    A Florida attorney has urged the Eleventh Circuit to toss her criminal wire fraud conviction and six-year prison sentence, because she said the trial court wrongly let prosecutors "throw a loaded grenade" at her by allowing testimony about an "unsubstantiated and uncorroborated claim" that the attorney threatened a co-defendant.

  • August 12, 2024

    NJ Bar Aims To Nix Opinion Allowing Atty Keyword Search

    The New Jersey State Bar Association is urging the state Supreme Court to overturn an ethics advisory opinion allowing attorneys to purchase other attorneys' names to use as keywords in online searches in order to redirect web traffic to their website.

  • August 12, 2024

    Ex-Seton Hall Prez Fights Amicus Brief In Whistleblower Suit

    The former president of Seton Hall University who launched a whistleblower suit against the school in New Jersey state court is opposing a bid by a former university board chair and prominent defense attorney to file an amicus curiae brief, saying he has no "special interest" in the "contract dispute."

  • August 12, 2024

    Texas Firm Says Recordings Show Call Center Deception

    A Texas personal injury law firm asked a federal judge to impose a preliminary injunction on a lawyer referral service, arguing that newly obtained audio recordings from the referral service's call center show the other company deliberately tries to trick the firm's potential clients into signing up with other lawyers.

  • August 12, 2024

    NJ Atty Beats Malpractice Claims Over Real Estate Dispute

    A suspended New Jersey attorney has prevailed over a malpractice complaint from another attorney accusing him of providing bad legal advice on a real estate matter and exposing her to her own malpractice case, according to an order made available Monday.

  • August 12, 2024

    Court Observers Offer Their Wish Lists For A Judiciary FOIA

    Government transparency advocates and court watchers think a recently introduced bill to subject the judiciary to the Freedom of Information Act would increase trust and transparency in the courts, and they have some ideas already of what they'd like to obtain from them.

  • August 09, 2024

    Judge Won't DQ Prosecutors In Young Thug Trial

    In a pair of orders on Thursday, the new judge overseeing Atlanta rapper Young Thug's racketeering and gang conspiracy trial denied motions for a mistrial and to disqualify two Fulton County prosecutors but ordered the "entire prosecution team" to watch a training video in response to alleged evidence violations.

  • August 09, 2024

    Trump Again Appeals Merchan's Gag Order To NY High Court

    Former President Donald Trump is again seeking dismissal of a gag order in his criminal hush money case barring him from threatening court and district attorney staff, telling New York's highest court on Thursday that he disagreed with "each and every part" of a recent intermediate appellate court ruling that found threats remained imminent.

  • August 09, 2024

    Judge Slams Justices For 'Eschewing' History In Trump Case

    The U.S. Supreme Court spurned historical analysis and "fundamentally" changed the presidency when it granted Donald Trump broad criminal immunity from federal charges that he interfered with the 2020 presidential election while in office, a Massachusetts federal judge wrote in a ruling Friday that ended an ex-public defender's sexual harassment lawsuit.

  • August 09, 2024

    Vidal Can't Be Used Against Ex-Client At PTAB, Fed. Circ. Says

    The Federal Circuit said Friday that the initial involvement of U.S. Patent and Trademark Office Director Kathi Vidal in a handful of patent challenges during her private practice days at Winston & Strawn LLP isn't enough to prevent the patent board from ever deciding on those petitions.

  • August 09, 2024

    Wood's Ex-Partner Says Social Posts Threatened His Family

    One of three attorneys accusing their former law partner, controversial ex-attorney L. Lin Wood, of defamation took the stand Friday, telling a Georgia federal jury that a payment demand they sent Wood after his firm's dissolution wasn't extortion but was instead an attempt to protect themselves and their families.

  • August 09, 2024

    Morgan Law Group Can't Escape Ex-Law Partners' Spat

    The Morgan Law Group PA can't escape a $20 million dispute between former law partners after a Florida state judge ruled Friday that all but one of the claims against the firm, which now employs one of the partners involved, can proceed.

  • August 09, 2024

    Vidal's Sanctions Make It Clear: Don't Mess With The PTAB

    The Patent Trial and Appeal Board has only faced a handful of instances where sanctions took center stage, but the U.S. Patent and Trademark Office director's rulings have made attorneys increasingly aware that pushing ethical boundaries at the board could put their cases and their careers at risk.

  • August 09, 2024

    NJ Paralegal Resolves Suit Over Firing After Broken Foot

    A former paralegal for the Law Offices of Geoffrey D. Mueller LLC has resolved her lawsuit against the Westwood, New Jersey, office after accusing it last year of firing her in violation of state anti-discrimination law after she asked for a leave of absence to recover from a broken foot, according to a notice of settlement filed in Bergen County Superior Court.

  • August 09, 2024

    Judge Nixes Ex-Defender's Bias Suit, But Calls For Reform

    A former public defender in North Carolina failed to show how her equal protection and due process rights were violated during an allegedly botched internal investigation of her sexual harassment claim, a federal judge ruled Friday in a candid opinion that nevertheless called out what he described as a "flawed" dispute resolution process for judiciary employees.

  • August 09, 2024

    Eckert Seamans Sued Over New Jersey Condo Development

    Eckert Seamans Cherin & Mellott LLC simultaneously represented a real estate development company and two of its former managers, and also improperly took compensation for its work before company debts were satisfied, according to a legal malpractice lawsuit filed this week in New Jersey state court.

  • August 09, 2024

    DOJ, Watchdog Agree To End Dispute Over Justices' Travel Docs

    The U.S. Department of Justice and judicial watchdog group Fix the Court said in a Friday filing that they have agreed to dismiss a complaint accusing the department of failing to deliver on requests for reports about travel by U.S. Supreme Court justices.

  • August 09, 2024

    Cordell & Cordell Can't Escape Ex-Paralegal's Discrimination Suit

    A Kansas federal judge ruled Friday that Cordell & Cordell PC must face claims in a discrimination suit brought by a former paralegal at the firm, including an assertion she was fired in retaliation for reporting mistreatment and sexual harassment.

  • August 09, 2024

    Ex-DOJ Atty Clark Appeals After Suspension Recommendation

    Former U.S. Department of Justice official Jeffrey Clark has asked the D.C. Court of Appeals to review orders from his disciplinary case after an ethics committee recommended he face suspension, arguing new precedent set in Trump v. United States grants him immunity, though disciplinary counsel said the appeal was improper.

  • August 09, 2024

    Ex-Boston U Law Instructor Sues Over Course Materials

    A former Boston University Law School instructor has sued the university, accusing it of copyright infringement through use of course materials he developed, in violation of a prior settlement agreement.

  • August 08, 2024

    Investors, Banks Pitch Next Steps In Saved Bond-Rigging Suit

    Investors accusing major banks of conspiring to rig corporate bonds have told a New York federal court they want to file a new complaint after the Second Circuit revived the suit last month over a potential conflict with the previous judge, while the defendants say this would take the case "back to square one."

  • August 08, 2024

    Mass. Atty, 2 Others Settle SEC Insider Trading Claims

    A Massachusetts business lawyer, his friend and his friend's father have agreed to collectively pay more than $230,000 to settle the U.S. Securities and Exchange Commission's allegations they used intel to trade ahead of an announcement made by the biotechnology company Frequency Therapeutics Inc., the SEC said Thursday.

  • August 08, 2024

    Posner's Ex-Staffer Blasts 'Judicial Thuggery' In DQ Bid

    The so-called pro se litigation expert suing retired Seventh Circuit Judge Richard Posner for $170,000 argued Wednesday that the magistrate judge handling the parties' discovery should be removed from the case because he has proven to be biased in Posner's favor.

  • August 08, 2024

    Ex-Girardi Keese Atty Tearfully Recalls Withheld Client Funds

    A former Girardi Keese attorney shed tears Thursday as she testified in Tom Girardi's California federal criminal trial, recalling that she became increasingly confused over several months about why he did not issue a settlement check to her client, saying his excuses for withholding the money made no sense.

  • August 08, 2024

    Judge Cites 'Evasive Tactics' In Axing Suit For Lost Evidence

    An Illinois federal judge agreed Wednesday to permanently toss a former Chicago Transit Authority employee's retaliation suit and order him and his lawyer to split more than $75,000 in fees and costs for spoiling electronic phone evidence relevant to his case.

Expert Analysis

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • 1st Tax Easement Convictions Will Likely Embolden DOJ, IRS

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    After recent convictions in the first criminal tax fraud trial over allegedly abusive syndicated conservation easements, the IRS and U.S. Department of Justice will likely pursue other promoters for similar alleged conspiracies — though one acquittal may help attorneys better evaluate their clients' exposure, say Bill Curtis and Lauren DeSantis-Then at Polsinelli.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • 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.

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