So, there will be more substantive stuff in the works that I’ll be publishing here at my site, but, in the meantime, if you are interested in hearing me talk about some ethics issues in a different media format, I was on a podcast that was released late last month. No, not this podcast, all […]
Author: Brian Faughnan
We are fewer than three weeks into 2026, and it appears that the grave problems impacting the rule of law are only proceeding apace for another year. Trying to come up with something to say so far this month here at the blog has felt difficult. Who wants to hear me continue to scream into […]
Neglect can lead to ruin
A fundamental precept for lawyers ought to be that, when it comes to clients, the only things that are worse than neglecting them are lying to them and stealing from them. For a shorthand version of that, if you find yourself failing to communicate with a client for 57 days (you know, the amount of […]
The importance of knowing how things work
I could have titled this post: “In case you needed another reason not to use LinkedIn,” but that wouldn’t be fair. No one actually needs any additional reasons not to use that platform. The “grindset mindset,” AI groupies, and other toxic personalities you can find there daily provide more than sufficient reason to let reasonable […]
Conflicts beyond lawyers
I have written in the past about the perhaps “unique” approach that Tennessee has to the question of allowing non-consensual screens to cure conflicts arising from lateral movement of lawyers. That approach can make lateral movement of lawyers both less and more complicated. What a lot of lawyers and firms in Tennessee do not grasp, […]
ICYMI (Because I sure did)
Some potentially big news out of Tennessee with respect to the overall conversation about the re-regulation of the practice of law happened last month. I missed it completely probably because it happened the day before I started a three-day disciplinary trial. But, I am still surprised I missed it. The Tennessee Supreme Court, sua sponte, […]
Beyond Bad
Here we are again, left with no real option but to write about the erosion of the rule of law and its replacement with adherence to the whims of a fascist. Late last night, the news broke that within a week of demanding on social media that the Attorney General of the United States get […]
Suffering from withdrawal.
The Tennessee appellate courts are kind of on a roll (if 2 in one month can be characterized as a “roll”) in issuing opinions making educational points about the Tennessee ethics rules. The latest example is a decision from the Tennessee Supreme Court highlighting a reality that lots of lawyers in Tennessee (and elsewhere) continue […]
You can wake most ethics lawyers up in the middle of the night to ask them whether a violation of the ethics rules provides a cause of action, and they’d be able to answer off the top of their head by either quoting from, or at least pointing you to, their jurisdiction’s version of the […]
So, here’s the thing
The expeditious descent of the United States into a place ruled by fascist authoritarianism is a dark time to deal with. The woes of an upper middle class white lawyer who owns and controls his own law firm pale in comparison to the way this is impacting so many folks. But it is definitely making […]