Legal Ethics

  • April 17, 2024

    Ga. High Court Urged To Broaden Atty Malpractice Time Limit

    Counsel for an Atlanta restaurateur urged the Supreme Court of Georgia on Wednesday to revive a malpractice claim against his former lawyer by allowing for a more expansive statute of limitations when breach of contract claims enter the mix.

  • April 17, 2024

    SpaceX's NLRB Suit Stays In Calif. After 5th Circ. Deadlock

    SpaceX's challenge to the National Labor Relations Board's constitutionality will be heard in California federal court after the full Fifth Circuit deadlocked Wednesday on the company's bid for review of a panel decision letting the suit's transfer from Texas stand.

  • April 17, 2024

    Bankman-Fried Appeal May Cite Unusual Preview Testimony

    Sam Bankman-Fried's appeal of his conviction and 25-year prison sentence may cite a "rather unprecedented" trial procedure in which the FTX founder gave provisional testimony before officially taking the witness stand last year, one of his attorneys said Wednesday.

  • April 17, 2024

    Managing Partner Pilfered Exiting Atty's Gmail, Regulator Says

    The managing partner of a six-attorney Hartford, Connecticut, personal injury and employment law firm threatened to gin up a criminal probe and ordered downloads from the personal Gmail account of a departing attorney, according to a post-trial brief by disciplinary authorities seeking the partner's one-year suspension.

  • April 17, 2024

    GOP Sens. Raise Ethical Concerns Over 6th Circ. Nominee

    Republicans went after a nominee for the Sixth Circuit during a hearing on Wednesday over allegations that he has behaved unethically as a prosecuting attorney, and that the White House picked him through a "backroom deal."

  • April 17, 2024

    Colo. Judge Slams Attys For Petty 'Squabbles' In Patent Fight

    A Colorado federal judge on Wednesday roundly rebuked lawyers fighting over patents for oil and gas equipment for filing "needless" motions that seemed to reflect their "interpersonal squabbles" rather than the interests of their clients, and threatened to sanction the attorneys if they ever drag the court into another petty fight.

  • April 17, 2024

    Acclaimed Legal Scholar Earns ABA Ethics Award

    The American Bar Association on Wednesday announced that this year's recipient of its Michael Franck Professional Responsibility Award will be Susan Fortney, a Texas A&M University School of Law professor and ethics expert whose research has earned her international recognition.

  • April 17, 2024

    Ga. DAs Revive Legal Fight Over Prosecutor Watchdog

    A bipartisan group of Georgia district attorneys has brought a fresh legal challenge to the state's new Prosecuting Attorneys Qualifications Commission, calling the body unconstitutional in a new lawsuit filed in Fulton County Superior Court on Tuesday.

  • April 17, 2024

    'Fat Leonard' Prosecutors Say 5 More Plea Deals Tainted

    Federal prosecutors in San Diego have agreed to let several former U.S. Navy officers withdraw their felony pleas in the "Fat Leonard" bribery scandal, citing "serious" lapses that wiped out other convictions in the high-profile case.

  • April 17, 2024

    Ga. Justices To Examine 'Actual Malice' In Atty's Libel Case

    The Supreme Court of Georgia has agreed to take up a contentious defamation case, pitting an orthopedic surgeon against a defense attorney known for criticizing "litigation networks" of plaintiffs attorneys and doctors, that could determine how difficult it is to sue attorneys accused of bad-mouthing third parties to other attorneys.

  • April 17, 2024

    Financial Planner Gets Prison For Tax Shelter Fraud Scheme

    A Cleveland financial planner who colluded with a Florida attorney to promote an illegal tax scheme using fake charitable donations to score deductions for his company's high-income clients was sentenced Tuesday to 20 months in prison for his part in the fraud.

  • April 16, 2024

    Ex-Calif. Bar Exec Denies Expensing Trip As Ethics Trial Starts

    Former California State Bar executive Joseph Dunn took the stand Tuesday on the first day of his disciplinary trial over claims he lied about bar funds used for a trip to Mongolia in 2014, maintaining he never sought reimbursement for expenses incurred in Mongolia other than his phones' roaming charges. 

  • April 16, 2024

    Nothing 'Sinister' About Attys, Broker's Tax Plan, NC Jury Told

    Two St. Louis attorneys and a North Carolina insurance agent on Tuesday tried to poke holes in an undercover IRS agent's investigation of what the government has characterized as a criminal tax avoidance scheme, which defense counsel sought to paint for the jury as a legal interpretation of federal tax law.

  • April 16, 2024

    Winston & Strawn Settles Brief-Plagiarizing Allegations

    A Tuesday filing indicated that Winston & Strawn LLP has managed to settle copyright infringement allegations coming from a boutique intellectual property firm that went to a federal court in Manhattan to accuse the BigLaw firm of copying a motion-to-dismiss filing "nearly verbatim."

  • April 16, 2024

    Appeals Court Won't Block 3M 'Fishing Expedition' Deposition

    A state appeals court on Tuesday declined to halt a presuit deposition requested by 3M Co. against a Texas attorney to investigate claims that the lawyer was aware of false statements his co-counsel made in a coal-related lung disease suit out of Kentucky.

  • April 16, 2024

    NJ Hospital GC Emails Doom $24M Verdict For Surgeons

    The New Jersey Supreme Court on Tuesday vacated a $24.3 million award to a group of neurosurgeons on their claim that a hospital didn't operate in good faith, finding the trial court's admission of emails from the hospital's general counsel and remarks made during closing arguments deprived the hospital of a fair trial.

  • April 16, 2024

    Ousted Fla. Atty To Seek Reelection Amid DeSantis Fight

    Suspended Florida state attorney Andrew Warren announced Tuesday he's running for reelection as the top prosecutor in Hillsborough County, while he pursues an ongoing federal lawsuit against Gov. Ron DeSantis over his suspension.

  • April 16, 2024

    Feds Want To Boot Gibbons Atty From Menendez Bribery Case

    Prosecutors plan to call a Gibbons PC attorney as a witness during the bribery trial of U.S. Sen. Robert Menendez of New Jersey and want him disqualified from representing another defendant in the case, they told a New York federal judge Tuesday.

  • April 16, 2024

    Meet The Atty For An Ex-Union Leader Facing His 3rd Trial

    The only thing standing between ex-Philly union leader John Dougherty and a third conviction is attorney Greg Pagano, and he feels confident going into the next trial that things will be different. 

  • April 16, 2024

    Atty Fights $268K Sanction Over Fake Newspaper Filing

    A Seattle attorney ordered to pay $268,000 after being accused of filing a fake newspaper called the "The Saudi Sun" as a court exhibit wants the Ninth Circuit to overturn the sanction, arguing that it resulted from judicial misconduct and corruption.

  • April 16, 2024

    Ga. Justices Nix Backdated Discipline For Atty In Forgery Case

    The Georgia Supreme Court on Tuesday unanimously denied an attorney's request for a retroactive suspension for forging a court order for his client, ruling that it would be "inappropriate" if he resumed practicing law while in the process of a pretrial diversion program to have his felony forgery case dismissed.

  • April 16, 2024

    Retrial For Feds' Conduct Denied In $12M Tax Fraud Case

    An Atlanta man convicted of running a $12 million tax refund fraud scheme isn't entitled to a new trial even though federal prosecutors withheld evidence that the man said minimized his role in the crime, a federal judge ruled.

  • April 16, 2024

    BigLaw Attys Among First 7 Jurors Picked In Trump's NY Trial

    Two BigLaw attorneys on Tuesday were among seven people sworn in as jurors in Donald Trump's Manhattan hush money trial, which could proceed to opening statements as soon as Monday.

  • April 16, 2024

    Illinois Panel OKs Liability Ruling Against Discovery-Faking Firm

    An Illinois trial court was right to slap an attorney with a default judgment in a professional negligence suit brought by a former client after the attorney and his firm repeatedly "fabricated their expert witness disclosures 'from whole cloth,'" an appellate panel has ruled.

  • April 16, 2024

    Focus On Prosecutor Will Set Ga. Trump Jury Questions Apart

    The jury questionnaire currently before hundreds of Manhattan residents in Donald Trump's first criminal trial will serve as a partial blueprint for his upcoming election interference case in Georgia, experts told Law360, with at least one significant difference: a sharp focus on the Fulton County case's high-profile, controversial prosecutor.

Expert Analysis

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • 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.

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