Legal Ethics

  • February 21, 2024

    NC Justices Hint At Coverage For Firm's Driver Privacy Row

    The North Carolina Supreme Court seemed skeptical Wednesday of an insurer's contention that mailers sent by a law firm to car crash victims based on public accident reports couldn't be considered coverage-triggering publication of material that violates a person's right to privacy.

  • February 21, 2024

    Mass. High Court Pick Challenged Over Past With Governor

    Massachusetts Gov. Maura Healey's pick for the state's highest court faced questions Wednesday about potential conflicts of interest arising from her past romantic relationship with the governor from members of the panel that votes to confirm judicial nominations in the state, a rare pushback by the Governor's Council.

  • February 21, 2024

    Tully Rinckey's Employment Terms Violated Rules, Panel Says

    The founders of Tully Rinckey PLLC should be suspended for 90 days for placing improper employment restrictions on people who worked in the firm's Washington, D.C., office, an attorney ethics committee has recommended.

  • February 21, 2024

    Sen. Whitehouse Slams Supreme Court Fact-Finding

    Sen. Sheldon Whitehouse, D-R.I., chair of the Senate Judiciary Committee's federal courts subpanel, blasted in a new law review article the U.S. Supreme Court's "improper" fact-finding under Chief Justice John Roberts.

  • February 21, 2024

    Unlicensed Atty Accused Of Bungling Nonprofit Registration

    A Maryland-registered attorney was hit with a lawsuit in Georgia state court Wednesday accusing him of bungling a former client's nonprofit registration and practicing without being properly licensed in the Peach State.

  • February 21, 2024

    Novel Ruling Finds NJ Prosecutor Conflict Doesn't DQ Office

    Addressing a case of first impression, a New Jersey appellate panel turned to case law in other states in concluding Wednesday that a supervising prosecutor's personal conflict does not automatically disqualify the entire office.

  • February 21, 2024

    Messner Reeves Accused Of Losing Client's $700K Deposit

    Colorado-based Messner Reeves LLP is being sued in California state court by a Florida financing consultant that claims the firm failed to protect a $700,000 interest deposit it made as part of a client's business loan.

  • February 21, 2024

    Connecticut Atty To Settle Client's Suit Over Cash Mishap

    A Connecticut lawyer who allegedly sent part of his client's $286,000 real estate transaction to a purported fraudster posing as that client with a fake email address has come to a "tentative settlement" to resolve the malpractice suit against him, new state court filings show.

  • February 21, 2024

    Judge Floats Sanctions For Union's 'Bad Faith' Recusal Bid

    A Michigan federal judge won't recuse himself from a defamation case involving two unions after a claim was raised that he expressed bias against the East Coast, instead asking the defendants why sanctions shouldn't be imposed for "bad faith" litigating.

  • February 21, 2024

    Bankman-Fried Gets New Attys After Waiving Crypto Conflict

    A Manhattan federal judge signed off Wednesday on Sam Bankman-Fried's choice of new counsel ahead of his fraud sentencing, despite the fact that the convicted FTX founder's new team represents an indicted ex-crypto CEO whose interests may conflict with his own.

  • February 21, 2024

    Cochran Firm Rachets Up Fee Fight With Ex-Associate

    The Cochran Firm California is escalating its ongoing dispute over attorney fees with a former associate, alleging in a new lawsuit that the now-departed lawyer lied to a managing partner about her relationship with a client with a lucrative claim.

  • February 21, 2024

    How Trump's Hush Money Trial Helps Or Hurts Jack Smith

    Manhattan District Attorney Alvin Bragg's porn star hush money case against Donald Trump is set to be the first criminal trial of a former president in U.S. history, a development that carries potential risks and benefits for special counsel Jack Smith, especially as one expert characterized the New York case as "legally and factually weak."

  • February 21, 2024

    Law Firms Rip Cuomo Subpoenas As 'Abusive' And 'Wasteful'

    Law firms Cleary Gottlieb Steen & Hamilton LLP and Vladeck Raskin & Clark PC said in a letter Tuesday filed in federal court that former New York Gov. Andrew Cuomo's subpoena regarding their sex harassment investigation "is plainly improper and is another in a string of abusive and wasteful tactics."

  • February 21, 2024

    Barnes & Thornburg Beats Ga. Malpractice Claim On Appeal

    A Georgia state appeals court has upheld the dismissal of a legal malpractice claim brought by a trustee for a former Barnes & Thornburg LLP client, finding there was "no merit" to her arguments that the firm violated the standard of care and sunk the trust's insurance suit.

  • February 21, 2024

    NY Judge Trims American Idol Singer's Suit Against NY Atty

    A New York federal judge on Wednesday trimmed a suit against an attorney from a former American Idol contestant, allowing the artist to proceed only with her breach of fiduciary duty and faithless servant claims.

  • February 21, 2024

    Ex-Bank CEO Ends Holland & Knight Overbilling Suit

    Republic First Bancorp's former CEO Vernon Hill II ended his lawsuit accusing Holland & Knight LLP of overcharging him with a $7 million bill for what he claimed was "ineffective and unsatisfactory" representation in legal matters over his ouster from the bank.

  • February 21, 2024

    Giuliani Seeks New Trial, Will Appeal $148M Defamation Award

    Rudy Giuliani is urging a Washington, D.C., federal judge to rethink a jury verdict directing him to pay $148 million to two Georgia election workers he was found liable for defaming as he tees up an appeal of the jury award to the D.C. Circuit.

  • February 20, 2024

    Giuliani Can Contest $148M Fine But Not With His Own Money

    A New York bankruptcy judge on Tuesday allowed Rudy Giuliani to seek a new trial for $148 million in damages he was ordered to pay for defaming two Georgia poll workers, but said the former mayor can't use money from his bankruptcy estate to pay his legal bills.

  • February 20, 2024

    Ill. Public Defender Sues Over Display Of Israeli Army Photo

    An Illinois public defender filed a First Amendment lawsuit against her county employer after she was reprimanded for a photograph of her holding a gun in front of an Israeli flag that she displayed in an office area in response to the Oct. 7 Hamas terrorist attack in Israel.

  • February 20, 2024

    Epstein's Attorney, Accountant Accused Of Aiding Trafficking

    Two survivors of sexual predator Jeffrey Epstein claim his longtime lawyer and accountant played essential parts in the disgraced financier's sex trafficking enterprise by creating a complex financial infrastructure to keep the money flowing, according to a proposed class action filed in New York federal court.

  • February 20, 2024

    Colo. Justices Ban Disbarred Atty From Filing Pro Se Actions

    The Colorado Supreme Court on Tuesday banned a disbarred attorney from filing pro se actions in the state, with the justices finding the former lawyer has continued her "vexatious" abuse of state courts despite sanctions and fee awards from multiple trial courts.

  • February 20, 2024

    How Future Litigators Are Training In A 'Flight Simulator'

    Law students who would traditionally experience only a few courtroom scenarios over a semester have begun working with programs that can provide an entire array of courtroom curveballs, thanks to large language model artificial intelligence technology.

  • February 20, 2024

    Kirkland Can't Get 'Invasive' Atty Info From 2 BigLaw Firms

    A California federal magistrate judge barred Kirkland & Ellis LLP from subpoenaing confidential personnel information from a former intellectual property associate's prior employers, Paul Hastings LLP and Fish & Richardson PC, in its defense against her discrimination suit, ruling that Kirkland's subpoena requests are "invasive," irrelevant and "amazingly broad."

  • February 20, 2024

    Ill. Judge Scolds Defense Attys On Discovery: 'This Is Insanity'

    A Cook County judge trimmed a lawsuit Tuesday brought by investors alleging financial mismanagement of the firm behind celebrated Chicago restaurant Maple & Ash, but lambasted defense counsel for dragging out discovery, saying she was "flabbergasted" that they left out information in discovery responses that she ordered them to include late last year.

  • February 20, 2024

    Ex-BigLaw Atty Avoids Prison For Ch. 11 Lies

    A former BigLaw partner on Tuesday was spared any prison time for lying to a New York bankruptcy court in his 2022 personal Chapter 11 case, in an attempt to shield his assets from creditors.

Expert Analysis

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Opinion

    Animal Rights Are About Saving Nature, And Our Own Future

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    The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.

  • The Ethics Of Accepting Advanced Legal Fees In Crypto

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    State and local bar associations have been weighing in on whether attorneys may accept cryptocurrency as a form of payment in advance of providing legal services, but the answer is frequently a fact-specific inquiry that demands close reading of the rules of professional conduct, say Matthew Feinberg and Jeffrey Cunningham at Goldberg Segalla.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • 5 Gifts That May Run Afoul Of Government Ethics Rules

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    As the holiday season ramps up, it’s essential to keep in mind that government officials and employees are all subject to specific gift rules, and related violations can lead to consequences far worse than coal in one’s stocking, say Mark Renaud and Rob Walker at Wiley.

  • 3 Defense Takeaways From The Bankman-Fried Trial

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    FTX founder and former CEO Sam Bankman-Fried’s recent fraud conviction offers several key lessons for future white collar defendants, from the changing nature of cross-examination to the continued risks of taking the stand, say Jonathan Porter and Gregg Sofer at Husch Blackwell.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • The Basics Of Law Firm Cyber Liability Insurance Applications

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    Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

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