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Legal Ethics
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August 26, 2024
Colo. Atty Posed As Judge, Ex-Prosecutor In Blog Comments
A Colorado attorney and former public defender has been placed on a stayed suspension after he impersonated a Mesa County Court judge and former prosecutor in fabricated comments on a blog.
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August 26, 2024
9th Circ. Chief Judge Cleared Of Judicial Misconduct Claims
The Judicial Council of the Ninth Circuit on Friday cleared its chief judge of judicial misconduct claims alleging she failed to timely investigate a Los Angeles judge's decision to have a lawyer handcuffed and detained during contempt proceedings, finding the allegations were unfounded.
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August 26, 2024
DC Judge Says Missouri AG Can't Investigate Media Matters
A D.C. federal judge has again blocked a Republican attorney general from demanding a slew of records from liberal media watchdog Media Matters, this time halting a probe from Missouri Attorney General Andrew Bailey.
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August 26, 2024
Conn. Judge Hints Split Fee Collection Case May Be Too Late
A Connecticut judge on Monday said he was leaning toward dismissing a case seeking to access an alleged fee split in a $25,000 personal injury case, hinting that the Law Office of Justin C. Freeman LLC likely waited too long to file its lawsuit before dissolving.
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August 26, 2024
Substitute Atty Must Get Access To Discovery, NJ Panel Says
The attorney representing the estate of a murdered New Jersey mobster-turned-informant must be given access to confidential discovery information that was provided to a previous attorney on the case, the state Appellate Division ruled today.
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August 26, 2024
Racial Gaps In Mich. Judicial Discipline Process, Audit Finds
Black judges in Michigan are more likely to be subject to a full misconduct investigation and receive "significantly" more grievances than their white counterparts, according to a preliminary audit from the National Center for State Courts.
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August 26, 2024
Cadwalader Fears Unsealing Financial Info May Harm Firm
Cadwalader Wickersham & Taft LLP has argued in North Carolina Business Court that unsealing financial details related to a November 2022 data breach and its insurance policy with a Lloyd's of London syndicate would put the firm at further risk from competitors and bad actors.
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August 26, 2024
Texas Cases To Watch In Last Half Of 2024
Courts across the state are poised to make decisions in several high-stakes cases over the next several months, including ruling on whether Texas Attorney General Ken Paxton can be deposed in a long-running employment retaliation suit and whether a challenge to Texas' floating Rio Grande barrier must be tried before a jury.
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August 26, 2024
Insurer Wants Out Of Pa. Wig Widow's $4.5M Benefit Dispute
Lincoln National Life Insurance Co. asked a Pennsylvania state court to let it bow out of a dispute between a Pittsburgh wig and healthcare magnate's widow and his family partnership, arguing Monday that the court, not the insurer, had to choose between competing claims for a $4.5 million policy payout.
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August 26, 2024
Ex-Branscomb Atty Must Comply With Arbitration Award
A Texas appellate court said that a former attorney with Branscomb PC must abide by an arbitration award issued in his dispute over his termination from the firm, writing that if he had an issue with the award, he should have raised it with the arbitrator.
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August 26, 2024
New Jersey Cases Attorneys Are Watching In 2024
Jersey City is fighting the Garden State's cannabis legalization law and argues it conflicts with federal gun control legislation, while the bankrupt former chief financial officer of McElroy Deutsch Mulvaney & Carpenter LLP is facing civil claims he defrauded the firm and paid himself millions in unauthorized salary.
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August 23, 2024
Del. Chief Judge Tells IP Biz Owner To Show Up, Pay $53K
Delaware's top federal judge Friday ordered a Texas-based patent litigation business owner to appear before him to address what he called a "potential fraud on the court" and "misconduct" by the firm's counsel, adding she'll have to pay $53,000 in accrued sanctions for refusing to show up in-person since last year.
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August 23, 2024
Girardi Says High Court Holding Should Gut His Fraud Case
Tom Girardi has urged a California federal judge to toss the majority of the wire fraud charges he is facing ahead of closing arguments in his trial, saying a 1960 U.S. Supreme Court case demonstrates he was charged for nothing more than receiving legally required wire transfers.
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August 23, 2024
Former Snyder Aide Says No Immunity For Flint Prosecutors
A top aide to former Michigan Gov. Rick Snyder who had faced criminal charges for the Flint water crisis is fighting Michigan prosecutors' attempts to dodge a lawsuit claiming that they violated his due process rights.
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August 23, 2024
NC Justice Dept. Atty's Promotion Bias Suit Cleared For Trial
The North Carolina Department of Justice will face an attorney's race and sex discrimination claims at trial after a federal judge rejected the agency's bid for summary judgment, finding that a dispute remains about whether there was a legitimate reason for not promoting her.
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August 23, 2024
Wash. Justices Affirm Convicted Ex-State Auditor Disbarment
The Washington Supreme Court affirmed a recommendation to disbar convicted former state auditor Troy X. Kelley after he was imprisoned on felony theft charges, finding that Kelley's crimes justified the disbarment sanction.
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August 23, 2024
Ex-Reed Smith Atty Wants Pay Data In Bias Suit Against Firm
A former Reed Smith LLP attorney suing the firm for gender discrimination has told a New Jersey state court that the firm must turn over pay data for nonequity partners stretching back years for her to make her case.
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August 23, 2024
Client Wants Atty's Wife Held In Contempt In Malpractice Case
A couple awarded a $1.2 million default malpractice judgment against their former lawyer have asked a Colorado state judge to hold the attorney's wife in contempt after she said in a deposition she failed to check whether she and her husband had joint bank accounts or to bring documents, as required by a subpoena.
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August 23, 2024
Young Thug Atty Says Contempt Charge Must Be Overturned
An attorney representing Atlanta rapper Young Thug urged the Georgia Supreme Court on Thursday to reverse the 20-day jail sentence and contempt of court conviction he received after refusing to divulge how he learned about a closed-door meeting between prosecutors, a witness and the original judge presiding over the rapper's racketeering trial.
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August 23, 2024
JPMorgan's $26K Atty Fee Award Overturned By Conn. Panel
A Connecticut appeals court on Friday reversed JPMorgan's nearly $26,000 attorney fee-shift and cost award in a case involving a $250,000 promissory note, holding a trial judge improperly awarded the recovery because the bank waited "more than one year" to seek it after scoring summary judgment.
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August 23, 2024
Mich. Atty Guilty Of Murdering Client Faces Disbarment
The Michigan Supreme Court's prosecutorial arm on Friday urged the state's attorney watchdog to disbar a lawyer who was sentenced to spend life in prison for conspiring to kill his wealthy client to gain access to the client's trust, saying the attorney's conduct was "heinous and reprehensible."
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August 23, 2024
Former NY Atty Gets Prison For Theft Of $800K From Clients
A disbarred New York real estate attorney has been sentenced to prison and ordered to pay restitution for stealing over $800,000 from three former clients by taking their money from his escrow account.
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August 23, 2024
ABA Guides Lawyers On Avoiding Criminal Transactions
Just over a year after the American Bar Association formalized long-standing due diligence rules for attorneys' interactions with clients, an ABA committee on Friday released its first ethics opinion providing guidance on interpreting the rules amendment.
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August 23, 2024
Georgia Cases To Watch In The Last Half Of 2024
The prosecutions of former President Donald Trump and his election interference case codefendants, along with Atlanta rapper Young Thug's bid to have the judge overseeing his racketeering trial removed from the case, will take center stage in Georgia's courts as we enter the second half of 2024.
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August 23, 2024
Attys Fight Over Fee Award In Conservative Group's IRS Win
A prominent conservative lawyer says like-minded election integrity group True the Vote owes his firm over $500,000 in attorney fees for a suit against the Internal Revenue Service that was settled years ago, telling a D.C. federal judge Friday that it's time for TTV to pay up.
Expert Analysis
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
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.
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Recruitment Trends In Emerging Law Firm Frontiers
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.
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Series
Glassblowing Makes Me A Better Lawyer
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.
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Money, Money, Money: Limiting White Collar Wealth Evidence
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.
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How Associates Can Build A Professional Image
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.
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Firms Must Rethink How They Train New Lawyers In AI Age
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.
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Think Like A Lawyer: Always Be Closing
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.
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Series
Playing Chess Makes Me A Better Lawyer
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.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
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.
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Lean Into The 'Great Restoration' To Retain Legal Talent
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.
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Series
Fishing Makes Me A Better Lawyer
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.