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Legal Ethics
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November 07, 2024
Indicted Power Broker Says Civil Suit Repeats Earlier Claims
Indicted Garden State power broker George E. Norcross III and his attorney brother have urged a New Jersey state judge to toss the civil racketeering suit brought against them by a Philadelphia developer, arguing that the developer's claims are time-barred and should have been filed in previously litigated and resolved actions.
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November 07, 2024
Fla. Law Firms Accused Of Mishandling Brain Injury Case
Three Florida law firms are facing a malpractice suit by the victim of a car accident who claims his attorney blew his chance at a $2.5 million recovery by failing to respond to at least nine discovery requests and repeatedly missing court deadlines.
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November 07, 2024
Atty Says Ex-Colleague Can't Escape Assault Claim
A former Young Conaway attorney has argued that a onetime colleague he sued did not provide enough evidence to claim she was defending her friend when she allegedly assaulted him, urging a Pennsylvania federal court to toss the defendant's motion for summary judgment.
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November 07, 2024
Ex-Pa. Judge Censured Over Misconduct With 3 Teens
The Pennsylvania Court of Judicial Discipline this week censured a former Allegheny County judge accused of misconduct with three teenage boys, ordering that the former judge's resignation and pledge to never again serve as a judge be binding and irrevocable.
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November 07, 2024
NC Panel Affirms Axing Sex Abuse Suit As Sanction For Delay
A North Carolina appeals panel found in a precedential ruling that a trial court was right to toss a man's sex abuse suit against the Roman Catholic Diocese of Raleigh as an appropriate sanction for his counsel having "deliberately and unreasonably delayed service of process."
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November 07, 2024
Boston Firm Says Atty Diverted Leads To Keches Law Group
Personal injury firm Keches Law Group has been hit with a Massachusetts state court complaint alleging it secretly worked with an associate at a smaller firm to obtain leads on potential cases.
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November 07, 2024
Trump's Victory Muddles NY Sentencing: 'No Playbook Here'
The fate of President-elect Donald Trump's criminal conviction in New York remains unclear following his resounding electoral victory Tuesday night, as last-minute motions, a pending decision on presidential immunity and appeals may derail or delay a punishment slated to be handed down before Thanksgiving.
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November 06, 2024
Chicago Pol Urges Narrow Reading Of False Statement Law
The U.S. Supreme Court should narrowly interpret the federal statute barring people from using false statements to influence certain financial institutions because backing the government's broad reading could expose borrowers to criminal liability that was never intended, former Chicago alderman Patrick Daley Thompson argued Wednesday.
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November 06, 2024
Seattle Judge Wants Plaintiff's Comms In IPad Antitrust Suit
A Seattle federal judge has ordered Hagens Berman Sobol Shapiro LLP to produce its communications with a client who allegedly ghosted the firm before determining if the attorneys may withdraw from representing the class representative in a proposed antitrust class action against Apple and Amazon.
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November 06, 2024
Ex-Ga. DA To Face Arbery Obstruction Charges In January
The former Georgia district attorney accused of obstructing the investigation of the murder of Ahmaud Arbery will stand trial in January, a state court judge said Tuesday, after her defense attorney was recently freed up by the conclusion of the prosecution of Atlanta rapper Young Thug.
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November 06, 2024
9th Circ. Revives Retaliation Suit By Ex-Santa Clara Deputy DA
The Ninth Circuit partially revived a lawsuit by a former Santa Clara County, California, deputy district attorney who alleged First Amendment retaliation when he was unlawfully transferred after publishing an op-ed that disagreed with the views of his boss, the district attorney.
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November 06, 2024
Tesla Defeats Sanctions Bid Over Atty's Mediation Appearance
A widow suing Tesla Inc. for the wrongful death of her late husband can't pursue sanctions against the automaker for allegedly wasting her time in mediation, a California federal judge ruled Wednesday.
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November 06, 2024
Lawyer's Suit Against Ex-Partner Can Proceed, NJ Panel Says
A New Jersey state appeals court ruled Wednesday that a lawyer who is suing a former law partner may continue pursuing the case in open court, because a contract signed years earlier between the lawyers doesn't require a private arbitration.
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November 06, 2024
Lowenstein Sandler Sues Firm Over Dispensary Fee Dispute
A New Jersey law firm accused of helping forcibly dismantle a medical cannabis dispensary to deprive Lowenstein Sandler LLP of over $750,000 in fees for work on the dispensary's behalf has asked the New Jersey state court to let it exit the suit, arguing Lowenstein Sandler failed to state a claim.
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November 06, 2024
Fla. Judge Invokes Free Speech Protection In Ethics Case
A Florida state judge facing ethics charges over previous campaign statements has again claimed that authorities should be blocked from presenting evidence or argument that her "philosophical beliefs" and comments violate judicial ethics guidelines, saying they are protected by the First Amendment.
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November 06, 2024
Texas High Court Delays Rule Changes For Non-Atty Services
The Texas Supreme Court has delayed the effective date of rules for allowing non-attorneys to perform some legal services, saying it will take the extra time to "give due consideration to the comments received."
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November 06, 2024
Suit Over Legal Ads Was Abuse Of Process, Firm Says
The Hartford law firm Hayber McKenna & Dinsmore said in a Connecticut state court complaint that opposing counsel in a class action lawsuit abused the legal process by accusing the firm of unfair trade practices when it advertised a search for more members of the class.
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November 06, 2024
Ga. Judge Cops To 9 Ethics Charges Over Case Delays
A Georgia judge facing ethics charges for delaying a series of cases, the most severe of which has sat open for more than seven years, has admitted to nine of the 10 counts lodged against him but denied that his actions were prejudicial to the administration of justice.
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November 05, 2024
Trump Has Official Immunity. What About His Aides?
Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.
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November 05, 2024
How Trump Can Quash His Criminal Cases
Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.
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November 05, 2024
An Early Look At Trump's Supreme Court Shortlist
With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.
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November 05, 2024
GOP's Senate Win Hands Future Of The Judiciary To Trump
Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees.
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November 05, 2024
The Firms With An Inside Track To A New Trump Admin
Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.
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November 05, 2024
Colo. Voters OK Overhaul Of Judicial Discipline Process
Colorado voters on Tuesday approved a series of constitutional changes aimed at limiting the state judiciary's influence over the judicial discipline process.
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November 05, 2024
'Fat Leonard' Gets 15 Years For Navy Bribery Scheme
Leonard Francis, the Malaysian defense contractor and ex-fugitive known as "Fat Leonard" who led a sprawling bribery scheme that authorities say caused over $20 million in losses for the U.S. Navy, was sentenced Tuesday in California federal court to 15 years behind bars, the U.S. Department of Justice said.
Expert Analysis
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Perspectives
Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Revisiting The Crime-Fraud Exception After Key Trump Cases
Evidence issues in the Jan. 6 Capitol riot and classified documents cases involving former President Donald Trump offer an opportunity to restudy elements and implications of the crime-fraud exception to attorney-client privilege and the work product doctrine, noting the courts' careful scrutiny of these matters, say Robert Hoff and Paul Tuchmann at Wiggin and Dana.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.