I’m sure you are familiar with the idiom “One bad apple spoils the bunch” or in some parts of the country “one bad apple spoils the barrel,” but probably not in the context of legal ethics opinions. Someone could (or has) already written versions of posts applying that idiom to lawyers generally and perhaps unethical […]
Category: Legal ethics
A case written up by Mike Frisch earlier this month caught my eye because it involves a discussion of two still-evolving areas of claims that can get made against law firms. Most of the case, and most of what Frisch focuses on, is the malpractice claim that was made regarding an alleged lost opportunity to […]
With little to no fanfare (and in fact I only know they came out because I happened to go look on the website out of curiosity), the BPR has now issued the two opinions it had put out in draft form for public comment earlier this year. Both of these opinions were adopted on August […]
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Hot Censure Summer in Tennessee
I’ve written once before about the dynamics for disciplinary defense lawyers in trying to work through precedent based on limited information when a variety of disparate conduct by lawyers all results in the same level of discipline. In that post, the variety of discipline was public censure. And you won’t be shocked to hear that […]
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Wach the Tell?
So, it is trite to say that every picture tells a story. But it is trite for a reason. Here is a simple photo of two pages of the billing entries of the Wachtell Lipton firm in their representation of Twitter against Elon Musk in the Delaware litigation to force him to honor his promise […]
So, for folks of my political persuasion, the last week of the Supreme Court term was a real gut punch. Today’s post is not about arguing with anyone over whether the outcome of the 303 Creative decision was or was not correct and is not even about whether the Plaintiff in 303 Creative should have […]
I know from years of representing lawyers that when you are facing sanctions against you it is awful difficult to spend much time thinking about things other than what is going to happen to you. So, although there are a lot more important things going on in the world right now, today’s content is just […]
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Certificate of Consternation
This post will be short (fingers crossed) and sweet bitter. I’ve written pretty extensively lately about the two lawyers (now 3 lawyers) getting a lot of negative publicity for misusing ChatGPT and, as a result, filing documents with courts containing imaginary legal authorities. I will not repeat my points about the failings of those lawyers. […]
Now that I’ve gotten you hooked with the salacious title to the post, I’ll hit you with the boring content. Among all the discussion that has transpired over who folks are calling the ChatGPT lawyers, who I wrote a bit about earlier this month, there has not been any real focus on who was the […]
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505 and 506 are not the ABA’s best.
So, for a variety of reasons, I’ve stewed over whether to write anything about what (before yesterday) was the most recent ABA Formal Ethics Opinion to be issued. That opinion was ABA Formal Op. 505 and presents itself as an opinion on, among other things, whether the ABA Model Rules permit the charging of any […]