Categories
Legal ethics

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 […]

Categories
Legal ethics

Let’s talk about the 3.3 of 303 Creative

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 […]

Categories
Legal ethics

Some quick sanctions updates for your reading pile

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 […]

Categories
Legal ethics

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. […]

Categories
Legal ethics

Supervisory and subordinate are not like doms and subs.

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 […]

Categories
Legal ethics

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 […]

Categories
Legal ethics

Use the right tool for the job.

If you need a very short version of everything I am about to write, it would go a little something like this. Don’t use a calculator to try to determine whether you have spelled a word correctly. If you do that, don’t blame the calculator because you are the problem. Even though it all transpired […]

Categories
Legal ethics

A Penny for My Thoughts

Someone last week reached out on Twitter and wanted my thoughts on the crowdfunding effort launched by a New York law firm to raise money for the legal defense of Daniel Penny. Thought #1 — not unique to me as I’ve seen others say the same thing — very few things indicate how bad things […]

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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 […]

Categories
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 […]