Categories
Legal ethics

At the intersection of ethics and entrepreneurial acts

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 […]

Categories
Legal ethics

Breaking? BPR Issues Two Formal Ethics Opinions

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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Off-Topic

Some bad news, some good news, and some “just news.”

All, Just a PSA. Do not get COVID. It is no good. Very bad. You don’t want it. I managed to go all the way to August 2023 without ever getting it, but I came back from Denver with it earlier this week. It sucks. If you are traveling, I’d suggest you mask up. I […]

Categories
Legal ethics

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 […]

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 […]

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♫ Everybody Saudi Sun Tonight ♫

I promise at some point I will write something not about a lawyer getting sanctioned by courts, but it won’t be today. Today’s post is prompted by a ruling of the 9th Circuit Court of Appeals dropping a (potentially more than $250,000) sanctions hammer on a lawyer and referring that lawyer to the bar for […]

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 […]