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Legal Ethics
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November 20, 2024
Judiciary Touts Reforms In Handling Workplace Complaints
The federal judiciary is successfully reforming the controversial process that aims to protect its 30,000 employees from sexual harassment in the workplace, according to a new internal report released Wednesday, even as lawmakers have called for scrapping that process altogether and replacing it with a new one.
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November 20, 2024
3rd Circ. Reins In Novel Use Of Atty-Client Privilege Exception
While attorney-client privilege typically falls away for communications about a client's intentions in making their will after they have died, the Third Circuit on Wednesday declined to expand that exception to include communications from third parties about the deceased.
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November 20, 2024
Conn. Trial Firm's Dissolution Is In Disarray, CEO Tells Judge
The windup of Connecticut Trial Firm LLC is "in complete controversy" and must be submitted to arbitration, CEO Ryan C. McKeen has told a state Superior Court judge, saying his onetime 50-50 partner, Andrew P. Garza, committed "self-dealing, waste and abuse" to benefit his new firm, Claggett Sykes & Garza LLC.
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November 20, 2024
Girardi Pushes For New Trial Over Competency Claims
Counsel for Tom Girardi told a federal judge the disbarred attorney is plainly mentally incompetent and deserves a new trial over charges he defrauded clients of $15 million worth of settlement money.
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November 20, 2024
Beasley Allen And J&J Tussle Over Atty Sanctions Bid
Beasley Allen Law Firm accused a Johnson & Johnson talc unit of using "deposition notices as weapons" in its quest to sanction a firm lawyer, while the company said the firm "refused to meaningfully subject itself or its members to any discovery" in its bankruptcy case.
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November 20, 2024
Ex-Fla. Official Says Litigation Privilege Bars Defamation Suit
A former Florida banking regulator fired because of sexual harassment allegations told the Eleventh Circuit on Wednesday that a lawyer's defamation claims against him were barred by the litigation privilege because they are based entirely on claims made in a lawsuit.
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November 20, 2024
NJ Power Broker, Attys Demand Wiretap Docs In RICO Case
George E. Norcross III, a politically influential insurance executive in New Jersey, and others accused alongside him of a massive racketeering scheme demanded Wednesday that state prosecutors turn over complete wiretap application information dating back to 2016, arguing that those details form the core of the state's case against them.
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November 20, 2024
3 Law Firms Can't Dodge TCPA Suit Over Camp Lejeune Claims
A trio of law firms accused of calling a veteran dozens of times promising they could represent him in claims over toxic drinking water at Marine Corps Base Camp Lejeune, despite his never having been stationed there, cannot evade the former soldier's lawsuit, a North Carolina federal judge ruled Tuesday.
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November 20, 2024
Fla. Judge Can't Get Free Speech Ruling In Ethics Case
A hearing panel chair for the Florida Judicial Qualifications Commission on Wednesday denied a state judge's attempt to prevent authorities from presenting evidence or argument that her "philosophical beliefs" violated judicial ethics guidelines because she improperly used a particular kind of motion.
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November 20, 2024
Flint School Atty Can't Get Immunity In Defamation Case
Outside counsel for Flint Community Schools who accused her predecessor of overcharging the public school district is not entitled to a form of immunity that shields government officials from liability for statements made during official proceedings, a state appellate court panel ruled on Tuesday.
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November 20, 2024
Georgia Justices Won't Consider DA's Bid To Escape Suit
A Georgia district attorney being sued over her policy to not prosecute low-level marijuana possession can't dodge the suit after the state's supreme court refused to take on the case, marking the latest blow to the DA who lost her reelection bid this month.
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November 20, 2024
Philly Atty, 'Danger To The Public,' Earns 5-Year Suspension
Office mismanagement, blatant disregard for clients' needs and a lack of remorse for the consequences of his self-described "pragmatic" approach to the law compelled the Pennsylvania Supreme Court to slap a five-year suspension on a Philadelphia attorney who is described by the court's Disciplinary Board as a "danger to the public and to the integrity of the legal profession."
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November 20, 2024
Walgreens Wins Sanctions Over Depo With 300 Objections
An Illinois federal judge on Wednesday ruled Walgreens can recover the costs of a contentious deposition in a dispute with an electronics company, saying the witness "possessed virtually no knowledge" of the matters laid out in the deposition notice and the company's attorney engaged in "improper, obstructionist conduct" during the proceeding.
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November 20, 2024
Fla. Judges May Create Nonprofits To Improve Legal System
Sunshine State judges may form nonprofit, nonpartisan organizations with a focus on improving the legal system, the state's judicial ethics watchdog has found, also clearing the way for judges to serve as board members of these nonprofit groups.
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November 20, 2024
Trump Wants 'Immediate Dismissal' Of NY Hush Money Case
President-elect Donald Trump's legal team told the New York judge who presided over his hush money trial that his conviction should be thrown out due to his "overwhelming victory" at the polls, according to a filing released Wednesday.
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November 19, 2024
Judge Rejects Infosys' Bid To Seal NDAs In Trade Secrets Row
A Texas federal judge shot down Indian tech company Infosys Ltd.'s efforts to seal nondisclosure agreements involved in a trade secrets case over healthcare software, ruling that there was "nothing commercially sensitive" about them.
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November 19, 2024
'Blackballed' Bailiff Who Reported Jury Tampering Loses Suit
A Texas appeals court on Tuesday tossed a former courtroom bailiff's suit alleging Brazoria County "blackballed" him for reporting several instances of a clerk's jury tampering, saying the county had no control over the state-elected judge who stopped assigning him as a bailiff.
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November 19, 2024
Personal Injury Atty Buzbee Accused Of Assault, Malpractice
Tony Buzbee, a high-profile Texas personal injury lawyer known for representing women who have accused Sean "Diddy" Combs and Deshaun Watson of sexual abuse, was hit with a legal malpractice suit in New York state court Tuesday alleging that he assaulted a client seeking a divorce and deprived her of millions of dollars in settlement funds.
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November 19, 2024
Dentons Atty Owed No Duty In $54M Currency Swap, Jury Told
A Hunton Andrews Kurth LLP partner on Tuesday defended the actions of a former Dentons attorney in a failed $54 million bolivar-to-dollars currency swap, telling jurors that she did not owe a duty to the Venezuelan attorney suing her for malpractice because she never represented him as his attorney.
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November 19, 2024
Ga. Atty Gives Up Law License After Felony Charges
Georgia's justices accepted attorney Austin Jones' voluntary surrender of his law license on Tuesday, after he previously pled guilty in federal court to two felony charges of possession of child pornography.
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November 19, 2024
Ex-US Attorneys See Risks In Working Under Gaetz
Some prospective U.S. attorneys may think twice about joining the U.S. Department of Justice if Matt Gaetz ends up in charge, veterans of the position told Law360.
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November 19, 2024
Conn. Firm CEO's Wife Dropped From Ex-Partner's Suit
Connecticut lawyer Andrew P. Garza on Tuesday dropped attorney Allison M. McKeen, the wife of his former 50-50 law firm partner Ryan C. McKeen, from a lawsuit surrounding the breakup of Connecticut Trial Firm LLC, a high-dollar firm where all three once worked together.
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November 19, 2024
Feds Ordered To Delete Combs Notes From Raid, For Now
A Manhattan federal judge directed prosecutors Tuesday to temporarily delete potentially privileged notes recovered from the jail cell of Sean "Diddy" Combs pending briefing, after lawyers for the hip-hop mogul called the seizure "outrageous."
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November 19, 2024
Lying Lawyer Gets 2-Year Suspension From Ga. Justices
The Supreme Court of Georgia hit a repeat offender attorney with a two-year suspension Tuesday for lying to the state bar, opposing counsel and his clients, at times costing those he was representing even more money in sanctions and fees after losing their cases.
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November 19, 2024
Calif. Judges Get 'Road Map' For Recall, Election Comments
A California Supreme Court committee on Tuesday laid out a "road map" for judges to make comments during an election or recall with respect to decisions that come under fire, saying they must follow ethics rules with such remarks.
Expert Analysis
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Avoiding Legal Ethics Landmines In Preindictment Meetings
U.S. Sen. Bob Menendez's recent bribery conviction included obstruction charges based on his former lawyer's preindictment presentation to prosecutors, highlighting valuable lessons on the legal ethics rules implicated in these kinds of defense presentations, say Steve Miller and Hilary Gerzhoy at HWG.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Lawyers Must Be Careful When Using Listservs
The American Bar Association's formal opinion from May correctly states that attorneys must obtain clients' consent before posing related questions to listservs, but potential risks and drawbacks of using listservs go beyond those highlighted by the ABA, says Deborah Winokur at Cozen O'Connor.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.