Again, not fair actually. This NY ethics opinion isn’t in the running for being the worst ethics opinion and isn’t even truly bad and actually, I guess, not even wrong. But it does point out a really bad flaw with respect to the language of the particular NY rule it applies. What seems like an […]
Two weeks ago, I wrote a little something about angles and issues when lawyers function as whistleblowers. It is now a bit late on Friday, but, by way of follow-up, it does seem worthy of note that on Monday the jury in the case of the ex-GC of Bio-Rad claiming whistleblower status awarded him almost […]
The need for clarity with respect to what makes up the “client file” has been an issue I have tried to stay up to date on dating back to our unsuccessful efforts back in 2009 to convince the Tennessee Supreme Court to adopt a rule – what would have been RPC 1.19 — to address […]
No, stop, this is not a post about politics. Not sure why you’d think that just from the title… It’s Groundhog Day here in the United States. As a person of a certain age, Groundhog Day makes me think of the Bill Murray movie more than the actual parlor trick with a rodent that happens […]
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About last night.
Things are moving so fast, the new administration has made it to one of the worst moments of the Nixon Administration in fewer than 11 days. Now, in addition to being a constitutional crisis, America’s political drama involves an honest-to-goodness legal ethics issue so… To recap, yesterday Sally Yates, a career federal prosecutor who was […]
The Tennessee Supreme Court issued an order last week implementing a helpful change to our rules on pro hac vice admission so that lawyers who are taking advantage of recent rule changes in Tennessee to permit practice pending admission can also be admitted pro hac vice in a lawsuit on behalf of a client. You […]
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Whistling about where you work.
We appear to be living now in an era in which whistle blowers are going to be in the news (and perhaps be the news) more than ever. Many who know me, know that I hold a pretty controversial opinion — Arrested Development is potentially the greatest television show in history. For many years when I […]
Even the largest and the most prominent of law firms can get themselves crosswise with clients over conflicts. In fact, at some level, it is the largest and most prominent law firms that are most at risk of the negative ramifications that can come from conflicts of interest. Last week, the world’s largest law firm […]
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Crossing the Line in Maine
No, the title is not a veiled attempt to publicly-shame Maine’s Governor for his latest act of public ridiculousness… or is it? This is instead a short post discussing conduct that I posit is a lot more common than you might think and that resulted recently in a very low-level of discipline against a Maine […]
Not too long ago, I weighed in on an Alaska Ethics Opinion about the ethics of lawyers using email “bugs” that surreptitiously track what happens to an email after it has been sent. There is a new, interesting read on the “legal or not” aspect of this technology in the ABA/BNA Lawyers Manual on Professional […]