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Judicial Ethics Legal ethics

Sauce for the goose but not for the gander

A quick and also rare weekend post because I’ve been tied up a bit and am about to be tied up again and unable to post for a week or so. I’ve sallied forth at length here about what I see to be pretty disingenuous attacks based on First Amendment arguments against adopting ABA Model […]

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Legal ethics

Two proposed TN Ethics Opinions – Part 2

Like a movie sequel coming out 10 years later, here comes part two of that promised two-part post. (Can you even really call something a two-part post if the second part doesn’t come along until 10 days later?) The second draft Formal Ethics Opinion put out for public comment by the Board of Professional Responsibility […]

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Legal ethics

Two proposed TN Ethics Opinions Means Another Two-Parter

It’s getting a bit commonplace now, isn’t it? You go years without doing a two-part blogpost and then you do another one the same week? Kind of takes all the excitement out of the idea of a two-part post, doesn’t it? Sure. But in my defense, the Tennessee BPR went roughly 3 years before issuing […]

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Legal ethics

“No extensions” – Part 2

So, I know I promised part two of this two-part blog epic would come out today, but things have come up and so I’m going to have to ask you for a little patience and an extension of a few days to deliver. I’m just joking, of course. I know that you won’t be granting […]

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Legal ethics

This “No extensions” Policy Won’t Last Long

Let’s talk about this week’s big legal news. No, not that. No, also not that. Okay, in the interest of accuracy, I should say let’s talk about something that was big legal news this week within some circles and has an easy hook into discussing attorney ethics rules. Yes, you’ve now guessed it – the […]

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Legal ethics

Bard, J. (confusing)

So, writing about the advancements in AI is all the rage right now. And that isn’t surprising because the developments have been coming pretty quickly in 2023 starting with (I think starting with) Open AI rolling out a Chat GPT-3 and all the discussion and the oohing and the aahing and then it within weeks […]

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Legal ethics

It’s called “reciprocal” discipline but …

Sometimes, not always of course, but sometimes representing a client in a disciplinary matter can become much more complicated if they hold licenses in multiple states. The problems of potential reciprocal discipline being imposed in those other states can sometimes make it difficult for a lawyer to be willing to agree to even minor discipline […]

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Legal ethics

What’s a public censure when you’re shameless?

So, I’ve been starting and stopping a post about the most recent ABA Formal Ethics Opinion to be released. Partly, because the opinion is a bit pedestrian generally involving weighing in on a situation that is largely always an “it depends” on factors that are hard to spell out in an ethics opinion and partly […]

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Legal ethics

Kudos to the TN BPR – Giving Public Comment Its Due

So, you can consider this my “commitment” to always writing about new Formal Ethics Opinions that get released in Tennessee when they go through the public comment process. I put commitment in quotes because, at this point, it is only the second time it has ever happened. But it’s the first time where public comments […]

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Judicial Ethics Legal ethics

Secret recordings can be good. Electing judges kind of can’t.

So, the reasons secret recordings will always happen in “one-party” recording states is that they get to the truth. Lots of people do not like them though. And judges absolutely loathe the notion of being secretly recorded. They do not like them so much that sometimes no matter what the secret recording reveals they will […]