Legal Ethics

  • February 12, 2024

    Prosecutors Say Paxton Can't Alter History To 'Dodge' Fraud Case

    Prosecutors have urged a Texas state court to reject a bid from state Attorney General Ken Paxton to dismiss a 2015 securities fraud case against him on speedy trial grounds, saying he is attempting to rewrite history and use delays he helped create to "dodge prosecution."

  • February 12, 2024

    Investigator's Atty Wants Mogul Sanctioned In Hacking Suit

    A North Carolina attorney is pressing a federal court to impose a nearly $120,000 sanction for documents demanded of him by an airline tycoon in his hacking lawsuit, arguing the production request was an "undue burden" with an "exorbitant" financial cost.

  • February 12, 2024

    Discord Stock Traders Say Prosecutors' Evidence Is Faulty

    A group of men accused of operating a multimillion-dollar pump-and-dump scheme on Discord and other social media asked a Texas federal judge to sanction the government, saying that prosecutors had cherry-picked evidence to create exhibits that are misleading at best and inaccurate at worst.

  • February 12, 2024

    Trump Turns To Supreme Court In DC Criminal Case

    Former President Donald Trump asked the U.S. Supreme Court on Monday to stay a D.C. Circuit panel's ruling that he is not immune from federal charges of interfering in the 2020 presidential election, arguing the D.C. Circuit needs more time to properly review his bid to escape prosecution.

  • February 12, 2024

    Cordell & Cordell Seeks Early Win In Suit By Fired Paralegal

    A family law firm has asked a Kansas federal judge to grant it a win in a former paralegal employee's lawsuit claiming she was mistreated and fired after reporting sexual harassment, saying her termination was because of performance issues.

  • February 12, 2024

    Colo. Personal Injury Firm Ditches TM Suit Against Texas Firm

    A prominent Denver personal injury firm has dropped its suit against a Texas rival for allegedly violating a trademark territory agreement, according to an order approved last week by a Colorado state judge.

  • February 12, 2024

    Locke Lord Denies Playing 'Cat And Mouse' In Fighting Suit

    Locke Lord LLP reiterated to a New Jersey state court Monday that the Garden State is the wrong jurisdiction for an oil company's malpractice suit against the firm stemming from a failed oil refinery financing project.

  • February 12, 2024

    Fla. High Court Pulled Into Depo Fight Between State Judges

    A Florida state appellate judge is asking the Sunshine State's high court to review a disciplinary panel's decision requiring him to sit for a deposition in an ethics case against a former campaign rival, saying it would do him "irreparable" harm and set a dangerous precedent for other judges.

  • February 12, 2024

    Ex-Melick & Porter Partner Says Colleague Forced Him Out

    A former Melick & Porter LLP partner claimed in a Massachusetts state court lawsuit that he was pushed out of the firm by another partner who undermined him and stole clients.

  • February 12, 2024

    Fla. Atty Wants $300K COVID Relief Fraud Conviction Axed

    A Florida attorney convicted of conspiring to defraud a U.S. coronavirus pandemic relief program has asked a Georgia federal judge to vacate the jury's guilty verdict and either acquit her or order a new trial, arguing the government violated her due process rights by not submitting sufficient evidence to prove her guilt.

  • February 12, 2024

    Newman Cleared To Fight Law In DC, But Not Suspension

    U.S. Circuit Judge Pauline Newman may challenge the law she has been suspended under, but she cannot get an injunction that would allow her to hear cases on the Federal Circuit again, nor fight how the law has been directly applied to her, a D.C. federal judge said Monday.

  • February 09, 2024

    No More Shady Trading For Ex-FBI Trainee After BigLaw Theft

    The former FBI trainee who secretly traded nonpublic information that he stole from his BigLaw associate ex-girlfriend has agreed to a civil judgment against him permanently barring him from violating securities laws, a judgment entered just months after he pled guilty to insider trading.

  • February 09, 2024

    Trump Co-Defendant Says DA Lied About Romance Timeline

    Former President Donald Trump's co-defendant in the Georgia election interference case who first accused Fulton County District Attorney Fani T. Willis of having a romantic relationship with the special prosecutor she hired to lead the case on Friday accused her of lying about when the now-confirmed romance began.

  • February 09, 2024

    'Emergency' Judge Tapped In Ex-Hawaii DA Bribery Case

    An "emergency" magistrate judge has been appointed in the corruption case against former Hawaii prosecutor Keith Kaneshiro and five others set for trial next month after other magistrates recused themselves, according to court papers.

  • February 09, 2024

    Fed. Circ. Disputes Newman's Filing Alleging Listserv Cut

    In response to Federal Circuit Judge Pauline Newman's filing alleging she has been cut from the circuit's judicial listserv, the other circuit judges on Friday told the court overseeing her lawsuit challenging her suspension that they "dispute both the accuracy and relevance of those legal and factual points" in her brief.

  • February 09, 2024

    NC Committee Open To More Transparent Discipline Process

    A North Carolina legislative committee tasked with taking a closer look at the State Bar's grievance process seemed open on Friday to giving attorneys facing discipline greater access to information while they're under investigation, a process that's currently cloaked in confidence.

  • February 09, 2024

    Buchalter, Parker Milliken Accused In $19M Theft From Trusts

    Attorneys from law firms Buchalter APC and Parker Milliken Clark O'Hara & Samuelian have been accused by members of a Los Angeles-based group of trusts of conspiring to help their client bilk nearly $20 million from the trusts in a Ponzi scheme.

  • February 09, 2024

    Pa. Atty Aims To Escape Litigation Funding Scheme Suit

    A Pennsylvania lawyer has called on a federal court to toss a former client's claims that an attorney from the lawyer's firm improperly used his workplace injury case as collateral to secure litigation funding and then transferred the high-interest-rate loans to his legal fees.

  • February 09, 2024

    'Not Walmart': Ex-McElroy Deutsch CFO Must Face Theft Suit

    A New Jersey state judge on Friday declined to remove McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer from a suit accusing him and his wife of stealing more than $3 million, noting that the heightened ethical duty imposed on law firms justifies keeping the claims alive. 

  • February 09, 2024

    Atlanta Atty Keeps $1.15M Fee Award Despite Tossing Notes

    A Georgia state appellate court has upheld an award of $1.15 million in attorney fees to a solo-practice attorney, saying an Atlanta-based airport travel spa operator he did work for failed to show the trial court was wrong in finding the attorney didn't have to save notes about the legal services he provided.

  • February 09, 2024

    SF Atty Faces Misconduct Charges Over $1.33M In Trust Fees

    A San Francisco attorney is facing disciplinary charges for allegedly overcharging a trust account client who struggled with mental health and other personal issues, the State Bar of California's Office of Chief Trial Counsel announced Friday.

  • February 09, 2024

    Conn. Justices Asked To Rule On McCarter Damages Dispute

    A Connecticut federal judge has granted McCarter & English LLP more than $680,000 in prejudgment interest after the firm's victory on claims a former client refused to pay legal fees in an underlying suit.

  • February 09, 2024

    Burford Can't Sub For Sysco In Pork, Beef Price-Fixing Suits

    Legal investment firm Burford Capital cannot substitute for Sysco in sprawling price-fixing lawsuits against pork and beef producers because doing so would extend the litigation just so Burford can maximize its return on investment, a Minnesota federal judge ruled Friday.

  • February 09, 2024

    NJ Courts Reject Liability In Ex-Judge's Harassment Suit

    The New Jersey Administrative Office of the Courts asked a state court to remove it as a defendant from a municipal court administrator's sexual harassment suit against a former municipal judge, saying the parties were not employees of the AOC.

  • February 09, 2024

    NC Court Won't Halt Immigration Atty's Disbarment

    The North Carolina Court of Appeals has declined to halt the disbarment of an immigration attorney accused of misusing client funds, over the lawyer's objections that he's licensed by the New York bar and therefore can't be disciplined by Tar Heel State watchdogs.

Expert Analysis

  • Ethics Issues For Mainland Firms Involved In Maui Fire Suits

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    Before law firms located outside of Hawaii represent clients affected by the Lahaina wildfires, they must be aware of local ethics rules and regulatory gray areas, as any any ethical missteps could have major ramifications for the firm's practice in its home jurisdiction, says Ryan Little at Klinedinst.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Attorneys Using AI Shouldn't Worry About Waiving Privilege

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    As large language models become more advanced, attorneys may be concerned that sending confidential data to companies like OpenAI risks waiving attorney-client or work-product privilege, but there’s nothing about such tools that would negate the reasonable expectation of privacy, say John Tredennick and William Webber at Merlin.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • NJ Justices Clarify Bribery Law Scope, But Questions Remain

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    The New Jersey Supreme Court’s recent State v. O'Donnell decision clarified that the state’s bribery law unambiguously applies to candidates for public office, but there are still unresolved questions about how the ruling may affect lobbyists, undeclared candidates and political speech, says Scott Coffina at Pietragallo Gordon.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • Trump's 'I Thought I Won' Jan. 6 Defense Is Unlikely To Prevail

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    Since being indicted for his alleged attempts to overthrow the 2020 presidential election, former President Donald Trump’s legal team has argued that because he genuinely believed he won, his actions were not fraudulent — but this so-called mistake of fact defense will face a steep uphill battle for several key reasons, says Elizabeth Roper at Baker McKenzie.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • How Judicial Privilege Shields Attys Facing Wiretap Violations

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    A recent ruling from the Commonwealth Court of Pennsylvania, as well as past rulings across the country, indicates that the judicial privilege is applicable to alleged violations of wiretapping laws, so attorneys presented with audio evidence beneficial to their case should not fear being sued, says David Scott at Kang Haggerty.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Noncompetes Hold Atty Privilege Pitfalls For Health Industry

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    Providers negotiating with medical professionals bound by enforceable restrictive covenants must tread carefully due to not only risk of breaching physicians' covenants but also risk of wrongful conduct that pierces attorney-client privilege, says Scott O'Connell at Holland & Knight.

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