Categories
Legal ethics

Louisiana remains a legal embarrassment.

There are a lot of dumpster fire situations going on these days that have direct or indirect relationships to legal ethics. Frankly, there are too many to make it easy to decide which ones to think it makes sense to spend time writing about here. There is the seemingly evergreen issue of Donald Trump continually […]

Categories
Legal ethics

Should racists be permitted to practice law?

This is a question I’ve asked in the past. It is not instinctively an easy question to wrestle with. It can easily boil over into various slippery-slope arguments and accusations regarding risk of inviting concepts of the “thought police” and the like. But another news item invites the question back into the arena for further discussion. This ABA […]

Categories
. Legal ethics

Bad judgment leads to bad judgment.

A Tennessee disciplinary matter has made some national news this past week, so what I am writing about might be something you’ve heard about already. It involves a Tennessee lawyer who has been given a 4-year suspension from practice, with one-year of active suspension for providing advice over Facebook to a woman about how she […]

Categories
. Legal ethics

When you’re right, you’re right. Even when you’re Right.

I’ve written a bit in the past about the differences between unified bars, like what exists in North Carolina, and voluntary state bar associations such as what we have in Tennessee. (If you are uninterested in clicking on either of those links, as a refresher, the fundamental difference is that unified bars require that anyone […]

Categories
. Legal ethics

Threats to the legal profession include threats by members of the profession

This post is coming late in the week because this week marked the first two stops on the Ethics Roadshow for 2018.  (If you are in or near Memphis and Nashville you can still register to come attend next week’s stops and hear about a potential recipe for ethical lawyering involving the 5 Cs of […]

Categories
Legal ethics

New Jersey takes a step in the right direction on advertising

With a strong tip of the metaphorical hat I never wear to Kim Ringler (a former President of APRL) who alerted many ethics lawyers to the news, I write today about a new ethics opinion from the New Jersey Committee on Attorney Advertising. In Opinion 45, issued less than a week ago, New Jersey has […]

Categories
Judicial Ethics

Lawyers (but really judges) in a #meToo world.

I was fortunate enough to be invited to speak last week at a half-day seminar that was called a “#meToo CLE” and was focused on legal and ethical issues for lawyers in the environment that now exists after #meToo went viral. I was the only male speaker at the seminar and fully recognize that still […]

Categories
. Legal ethics

The intersection of the First Amendment and the Ethics Rules

So, I don’t know if any of you have ever played HQ Trivia.  In any session, they have between 500,000 and almost 2 million players, so statistically speaking, I guess there is a chance you have.  While it has nothing to do with legal ethics, in order to understand the context of what follows, let […]

Categories
. Legal ethics

If racism is disqualifying for a juror, why not for an aspiring lawyer?

Nothing like the day after a holiday weekend to pose a difficult, potentially controversial, question, right?  But when the holiday weekend in question is one to celebrate the life and legacy of Dr. Martin Luther King, Jr., this particular question is certainly topical. This is a post I have had rattling around inside of my […]

Categories
. Legal ethics

A short update on Avvo ratings

You may recall, a while back, that I kvetched a bit here about my belief that Avvo’s rating system was less than a bona fide system.  The primary focus of my argument centered on Avvo’s decision to assign numerical ratings to some lawyers even though those lawyers have never claimed their profiles.  I then spent […]