Legal Ethics Blogs (12)Expanded ViewList View
Law Firm Risk Management
Law Firm Risk Management
Discusses of compliance, conflicts, intake and other risk issues for law firm risk professionals.
New York Attorney Malpractice Blog...
New York Attorney Malpractice Blog
Covers legal malpractice basics, cases and news. By Andrew Lavoott Bluestone.
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Nov 20
Its Not Legal Malpractice, but Breach of Fiduciary Duty When Defendant is Not Even an Attorney
It does not happen often, but non-lawyers sometimes come to represent clients. An impostor? A simple clerical mistake? We don't know how it happened in this case, but in Natural Organics Inc. v Anderson Kill & Olick, P.C. ;2009 NY Slip Op 08472 ;Decided on November 17, 2009 ;Appellate Division, First Department "Plaintiff alleged that it retained defendant law firm to bring an action against an insurance company. After several years of litigation, plaintiff agreed to settle the matter for... Posted on November 20, 2009 at 04:01 am by Andrew Lavoott Bluestone -
Nov 19
Legal Malpractice Fallout from the Modeling Industry
Monique Pillard, president of Elite Models, is the plaintiff in this legal malpractice case, She was a defendant in a highly significant employment discrimination case revolving around an asthmatic worker who was fired, and the harassment and smoking that took place all around her. in Pillard v. Goodman, Supreme Court, New York County, we see one of Justice Lehner's opinions. Pillard was at one time president of Elite, and then moved around by John Casablancas to another position. Victoria... Posted on November 19, 2009 at 04:11 am by Andrew Lavoott Bluestone -
Nov 18
Termination, Legal Malpractice and Quantum Meruit
There are some basic rules in legal malpractice litigation about fees. One of these rules is that an attorney may be terminated at any time by the client, either for cause or without cause. A corollary rule is that when an attorney is terminated for cause, he is due no compensation. That's a pretty stark rule, and admits of little wiggle room. Nevertheless, in Felix v. Law Office of Thomas F. Liotti, 8395/07;Decided: October 28, 2009; Justice Ute Wolff Lally;NASSAU COUNTY Supreme Court found a... Posted on November 18, 2009 at 03:22 am by Andrew Lavoott Bluestone
Legal Ethics Forum
Legal Ethics Forum
By Professors John Dzienkowski, Brad Wendel, John Steele, David Hricik, Andrew Perlman, David McGowan, Laura Appleman, Steve Lubet, Anita Bernstein, Don Burnett, and Steve Berenson..
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Nov 19
NY news that you'd expect to hear coming out of Baltimore or Chicago
According to Point of Law, "The ethics counsel to the New York state senate told senators to hand-deliver ethics filings, rather than mailing them, to avoid coverage under the federal mail fraud statute." (Hmm, what's the 1.2(d) analysis on that?) Posted on November 19, 2009 at 09:55 am by John Steele -
Nov 19
ABA's "Ethics 20/20 Commission" announces Preliminary Issues Outline, seeks feedback.
Outline here. Commission website here. Get your comments in by December 31, 2009. The three top-level issues in the preliminary list are: Issues that arise because US lawyers are regulated by [US] states but work increasingly across state and international borders. Issues that arise in light of current and future advances in technology that enhance virtual cross-border access. Particular ethical issues raised by changing technology. Posted on November 19, 2009 at 09:50 am by John Steele -
Nov 19
Update on file filching deputy: Judge gives deputy a chance to apologize, avoid jail
The court's order is here. But, according to this story, no apology may be forthcoming. Posted on November 19, 2009 at 09:09 am by John Steele
Legal Profession Blog
Legal Profession Blog
By Professors S. Alan Childress, Michael S. Frisch and Jeffrey M. Lipshaw.
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Nov 21
Fieger In Arizona
Geoffrey Fieger was admitted on examination in Arizona in 1980. He also is admitted in Michigan (where he principally practices) and Florida. He was administratively suspended in 1993 for failure to complete Arizona CLE obligations. There are no such requirements... Posted on November 21, 2009 at 05:42 am by Legal Profession -
Nov 21
Bait-And-Switch Tactics Merit Suspension
The Illinois Review Board has recommended a five-month suspension in a matter involving an attorney who handled real estate closings. The attorney had failed to disclose his financial interests in survey and title companies used in the transactions. He had... Posted on November 21, 2009 at 05:05 am by Legal Profession -
Nov 20
Fairness Not An Unconstitutional Burden
The Alaska Supreme Court has held that a suit against a law firm based on allegations of improper activities in pursuing debt-collection litigation on behalf of a client should not have been dismissed: Robin Pepper sued an Anchorage debt collection... Posted on November 20, 2009 at 02:38 pm by Legal Profession
Bad Prosecutors
Bad Prosecutors
Focuses on bad prosecutors and bad prosecutorial acts. By the Bennett Law Firm.
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Jul 9
How to Go to Jail Without Even Trying
[www.tuliatexasfilm.com] On July 23, 1999, undercover narcotics officer Thomas Coleman executed one of the biggest drug stings in Texas history. By the end of the blazing summer day, Coleman and his drug task force had rounded up and arrested dozens of residents of the small farming town of Tulia. Thirty-nine of the 46 people accused of selling drugs to Coleman were African American. It was a bold move by the later-named Texas Lawman of the Year. But it was exactly what many of Tulia's white... Posted on July 9, 2009 at 09:37 am by Robert Bennett -
May 27
TOP 10 WORST PROSECUTORS IN THE UNITED STATES - 2008
[bennettlawfirm.wordpress.com] The ten worst prosecuting attorneys in the United States for the year 2008 are finally here! After several nominations and recommendations from interested readers around the country, combined with ample amounts of time used to examine each prosecutor, the list has finally been narrowed down to the ten most deserving nominees. This year's list includes several new nominees along with a few old ones. Added to this list are two prosecutors not quite worthy of the top... Posted on May 27, 2009 at 09:32 am by Robert Bennett -
Dec 17
Ten Worst Prosecutors in the United States - Videos
Attorney General Mukasey Acting Without Principle Karl Rove: Jill Simpson Is Lyin Dana Jill Simpson Responds to Karl Rove Remove Rosenthal Harris County DA Allison Hoffman 'On the Record' Mary Lacy Press Conference Don't Voti for Foti - Campaign Ad Monica Goodling - Under Alberto Gonzales Alberto Gonzales 60 Minutes Don Siegleman - Karl Rove, Alice Martin, Luera Canary and Bill Canary, Rob Riley (son of Bob Riley) and Jill Simpson ( 3 videos) Part 1 Part 2 Part 3 Posted on December 17, 2008 at 04:30 pm by Robert Bennett
Ben Cowgill on Legal Ethics
Ben Cowgill on Legal Ethics
Covers legal ethics, professional responsibility, attorney discipline and legal malpractice.
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Feb 23
Thanks for your interest!
My "site statistics" show that this online newsletter has received 71,722 visits since it was launched about two years ago, including 2,364 visits over the past thirty days. Thanks for your interest! I also continue to appreciate the recognition this newsletter has received on other websites and blogs. Most recently, I noticed that it had been added to a list of online legal ethics resources on the website of the New York State Defenders Association. Posted on February 23, 2007 at 06:54 am by Ben Cowgill -
Feb 22
Order in consensual discipline case is further evidence that the 'new' Supreme Court of Kentucky is looking closely at disciplinary prosecutions
Today the Supreme Court of Kentucky issued a public disciplinary order in which a majority of the Court decided, sua sponte, to dismiss a Count of the Charge to which the Respondent had agreed to admit guilt. The ruling is significant because it is further evidence that the "new" Supreme Court of Kentucky is examining disciplinary prosecutions closely, even when it receives a case on an unopposed motion for "consensual discipline." The Court's public Order explains that the case... Posted on February 22, 2007 at 12:53 pm by Ben Cowgill -
Feb 18
Ten upcoming CLE presentations, on the Internet and in person
/**/ The months of spring and early summer are always a busy time for CLE here in Kentucky, because Kentucky lawyers are required to meet annual CLE requirements by June 30 of each year. See Supreme Court Rule (SCR) 3.661. I am planning to offer three "Last Chance" Ethics CLE seminars live on the Internet during the weeks of June 18 and June 25. Details are provided below. I have also agreed to make live, in-person presentations at seven seminars and conferences between now and June 30.... Posted on February 18, 2007 at 09:27 am by Ben Cowgill
Legalethics.com
Legalethics.com
Focuses on the ethical issues associated with the use of technology by legal professionals. By Professor David Hrcik and Peter Krakaur.
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Sep 10
Review and Use of Metadata in Electronic Documents
The DC Bar issued ethics opinion 341 concerning the review and use of metadata. "A receiving lawyer is prohibited from reviewing metadata sent by an adversary only where he has actual knowledge that the metadata was inadvertently sent. In such instances, the receiving lawyer should not review the metadata before consulting with the sending lawyer to determine whether the metadata includes work product of the sending lawyer or confidences or secrets of the sending lawyer's client." Posted on September 10, 2007 at 06:38 pm by Peterk -
Aug 31
Interesting E-mail Conflict Opinion from Iowa
I don't think this is on-line, but in an August 8 opinoin (07-02), the Iowa State Bar Association Committee on Ethics and Practice Guidelines addressed an interesting prospective client problem: the lawyer has a personal contact with a prospective client, gains confidences, but while in the process of deciding whether to take the case, he receives an unsolicited e-mail from the party that the prospective client needs to sue. The e-mail discloses confidences, too. The opinion concluded that... Posted on August 31, 2007 at 08:19 am by DHricik -
Jul 9
E-mail header information, Volume of e-mail, not Constitutionally Protected
"Neither this nor any other circuit has spoken to the constitutionality of computer surveillance techniques that reveal the to/from addresses of e-mail messages, the IP addresses of websites visited and the total amount of data transmitted to or from an account." U.S. v. Forrester, __ F.3d __ (9th Cir. July 6, 2007). The court held the information was not protected. Posted on July 9, 2007 at 09:59 am by DHricik
Nancy Rapoport's Blogspot
Nancy Rapoport's Blogspot
Covers governance in higher education and in law firms, bankruptcy ethics, popular culture and the law, Enron and other corporate fiascos, and professional responsibility generally. By Nancy Rapoport, a law professor at UNLV's Boyd School of Law.
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Nov 19
Continental Airlines sees box, refuses to think in or out of it.
I am sitting on a "weather-delayed" (or could it be the delay caused by the massive computer glitch, here?) flight from Austin to Houston IAH, hoping to get there in time to board my flight from Houston to New Orleans. I need to be in New Orleans TONIGHT, because I'm testifying in a court case tomorrow morning. When I called Continental to see what it could do if I missed my connection, the customer agent (yes, I've omitted the word "service"--intentionally) told me that all other flights were... Posted on November 19, 2009 at 08:38 am by Nancy Rapoport -
Nov 18
Law students, grammar, and the practice of law
I'm hearing through the grapevine that some of my law students were unhappy with the grades that they received on their group papers this semester. I told them to find a movie with legal ethics issues and write about those issues. (Sneaky way to reinforce what they're learning, eh?) The good news: for the most part, they did good work analyzing the ethics issues in the movies. The bad news: most of them made proofreading and grammatical mistakes. The statistics: because virtually every group... Posted on November 18, 2009 at 10:27 pm by Nancy Rapoport -
Nov 17
Well, duh....
The SuperLawyers law school rankings are out (see here for a leak of the results). As I predicted (here), older and bigger schools did well; younger and smaller schools (except for Yale, which counts as "older") did poorly. I had emailed SuperLawyers to find out if its methodology was going to factor age and size of school into account. The folks there were very nice, but noncommittal--and you can see for yourself that the results show what I'd predicted. Speaking of nice, I had occasion to... Posted on November 17, 2009 at 01:21 am by Nancy Rapoport
Legal Ethics and Marketing
Legal Ethics and Marketing
Covers the rules and policies that govern client development for legal services - lawyer advertising, marketing, and sales. By Will Hornsby.
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Jan 31
New Jersey Disclaimer Could be BIG
The New Jersey Supreme Court's Committee on Attorney Advertising has issued the latest in a string of ethics opinions imposing limitations on the use of the Internet for client development. Opinion 36, issued January 2, 2006, states that lawyers who pays a flat fee for an online listing and receives an exclusive listing for a county for a particular field of practice "must ensure that the listing or advertisement contains a prominently and unmistakably displayed disclaimer, in a presentation at... Posted on January 31, 2006 at 09:12 pm -
Jan 30
The Strong Arm Gets Muscled
The Colorado Supreme Court has rules that the Colorado Consumer Protection Act applies to lawyers and held that a law firm client who believes he was strong-armed into a low-ball settlement can sue under the law and seek triple damages from his lawyer. According to an AP article, the lawyer believes the suit is frivolous. States have come down on different sides of the fence on the applicability of consumer protection acts against lawyers. Some courts conclude that if the law does not... Posted on January 30, 2006 at 09:42 pm -
Jan 30
Marketing is always ahead of regulation - Always
According to an article in the Guardian, a UK group called Nationwide Accident Services, which specializes in personal injury actions, has developed a word-search puzzle for children. The game involves circling words in a box of jumbled letters. The puzzles have been placed in hospitals and doctors' offices so that kids have something to do while waiting for their appointments. Here's the good part - The words include phrases such as "claim today," "compensation" and "no win, no fee." What's... Posted on January 30, 2006 at 08:41 pm
Legally UnBound
Legally UnBound
Covers unfairness, bias and the lack of common sense in the law.
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Nov 19
UPDATE: Phoenix Deputy Stoddard, Decision Is In
. Unbelievable!! We need you in Las Vegas, Judge Donahoe. The good judge has issued his Opinion in the Adam Stoddard contempt hearing (the one where the court deputy took a document from the... Law and Legal Analysis from the Opinions of the Indignant Posted on November 19, 2009 at 02:00 pm -
Nov 19
Las Vegas Court Marshals Restrain Reporters To Keep Jackson's MD "Safe"
You see, I told you Las Vegas gets their Bailiffs (I mean Marshals) involved in improper actions (at least in my opinion), just like Phoenix. This week, Dr. Murray (of the Michael Jackson drug saga)... Law and Legal Analysis from the Opinions of the Indignant Posted on November 19, 2009 at 06:27 am -
Nov 18
Independent Commission on Judicial Reform Issues Report, Post-Caperton
Yes, here we are again talking about 'judicial appointments', and the debate rages on. We've posted on this topic several times this year. However, in the long wake of Caperton, West Virginia has... Law and Legal Analysis from the Opinions of the Indignant Posted on November 18, 2009 at 06:00 am
My Law License
My Law License
Covers the Florida bar admission and grievance process. By Brian Tannebaum.
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Nov 19
Some Thoughts For The Job Seeking Former Associates Of Scott Rothstein
So you're a lawyer less than 5 years out, you have no "book of business," and there is no option for you other than to get another job at another firm. You were a great student, have a bright future as a lawyer, and this on your resume: "Associate, Rothstein, Rosenfelt & Adler, P.A. 2006-2009" Law firms, not all law firms, are publicly stating their concern about hiring lawyers from this now dissolved firm. You did nothing wrong, you never knew what was going on, and everyone knows that.... Posted on November 19, 2009 at 07:00 am -
Nov 18
The Florida Bar's Ad Rules Take A Good Step Back
Although I will fight for the rights of my clients who are charged with advertising violations, I am not a fan of lawyer advertising. I'm not talking about the listing in the directory or the ad in the charity dinner program or business journal. I'm talking about the cheesy inaccurate puffing that goes on in the yellow pages, on billboards, and on TV. I have said, and strongly believe, that The Florida Bar has gone over the top in advertising regulation. I think they've gone so far into... Posted on November 18, 2009 at 05:14 am -
Nov 17
BREAKING: Florida Bar Settles Suit, Exempts Online Lawyer Directories
The story is here, on Avvo's blog. Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com a2a_linkname="my law license";a2a_linkurl="http://www.mylawlicense.blogspot.com";News and Information about The Florida Bar Admission and Disciplinary Process Posted on November 17, 2009 at 02:49 pm
EvilEsq.com
EvilEsq.com
Covers attorney discipline cases.
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Oct 28
EEBA Poll | Should Attorneys be Drug Tested?
Posted on October 28, 2009 at 12:44 pm by EvilEsq -
Oct 22
EEBA Endorses Jon Hopkins, Esquire for Lake County DA
Today the Bored Governors of the Evil Esquire Bar Association (the "EEBA") announced their formal endorsement of Jon E. Hopkins, Esquire (age 63) a/k/a Hoppie for Lake County California District Attorney. Our endorsement action is precipitated by several events that, subsequent to citizens' and the media's undermining of Hoppie's deft application of the doctrine of prosecutorial [...] Posted on October 22, 2009 at 01:55 pm by EvilEsq -
Oct 15
Elise Mitchell, Esquirette | ADDED TO EEBA WATCH LIST
Hear Ye! Hear Ye! The Evil Esquire Bar Association is seeking public comment regarding the misadventures of California attorney Elise Marie Mitchell [#102116], prior to accepting nominations for her induction into the EEBA. Elise's addition to our watch list was precipitated by an anonymous tipster who informed the EEBA that "complaints have been filed against her with [...] Posted on October 15, 2009 at 10:16 am by EvilEsq











