Categories
. Legal ethics

Another Tennessee-centric offering.

Using the term “Tennesentric” would probably be more efficient, but two items involving potential rule revisions relating to ethics and lawyering in Tennessee are worth briefly discussing.  One of the two has gone out for public comment and has a deadline, while the other has just been filed with the Court and does not. I’ve […]

Categories
. Legal ethics

Dear ABA – Embrace reform of the lawyer advertising rules. Please.

I have written in the past about the APRL white papers providing the rationale for, and data supporting the need to, reform the way lawyer advertising is regulated in the United States by state bar entities.  You can read those prior posts here and here if you are so inclined. Jayne Reardon, the Executive Director […]

Categories
. Legal ethics

My 200th post: Living in a “post-fact” world?

So, not a milestone for some, but, for me, it feels like an achievement to have made it to my 200th post.  And because I’m a sucker for wordplay, I’ll use a “post” milestone to talk about an issue I’ve written about a good bit before but with a twist that also involves the word […]

Categories
. Legal ethics

DC Ethics Opinion 370 – Y’all knew I wouldn’t be able to resist

So, the D.C. Bar has come out with a far-reaching, sort of two-part ethics opinion addressing lawyers and social media usage.  Opinion 370 (Part 1) can be grabbed here.  Opinion 371 (Part 2) from here.  Opinion 370 has lots of really good parts, but much of the publicity it has received to date revolves around […]

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. Legal ethics

The “Now You Know” ad – quite savvy or absolutely horrible?

I had been hoping I could wait a bit to write about this topic but it’s making news via the ABA Journal online today, so I’ll just plow in with this rush job of a post because I’ve already heard discussions in Tennessee about this same ad and before someone more articulate than me blogs […]

Categories
Judicial Ethics

Friday follow up – Sixth Circuit affirms Kentucky judicial speech case

So, I’ve been battling a bit of a stomach bug such that over the last 45 hours or so I have ingested a cup of yogurt, a sleeve of Ritz crackers, and a small bowl of chicken noodle soup.  Accordingly, this will be a short(ish) post – apologies in advance. Back in May of this […]

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. Legal ethics

Revisiting the question of whether the ethics rules need revamping as to discrimination & harassment

So, quite a few months ago, I wrote about what (I think) was the first iteration of the proposed revision to RPC 8.4 to add a black-letter rule addressing discrimination and harassment.  My verdict at the time was one of skepticism that it made any sense at all to move workplace and employment discrimination issues […]

Categories
. Legal ethics

“En” to the . . . ah . . . to the no, no, no!

So, blame my children for the Meghan Trainor reference, but it is a catchy tune and, actually, not the worst of messages of female empowerment.  Nevertheless, it fits my ramblings today too well for me to resist. A blurb about a trademark infringement suit involving an Atlanta law firm that operates under a trade name […]

Categories
. Legal ethics

Judicial elections are expensive in more ways than one.

There are lots of sources and stories about the escalation of dollars poured into, and spent in, judicial elections in various states.  Here’s an April 2016 article about Wisconsin; and here’s an October 2015 press release from a special-interest group made of folks including The Brennan Center.  But that isn’t the only thing that makes […]

Categories
Judicial Ethics

A word about B**chslaps

It’s a stupid and demeaning term.  In both contexts, whether you replace the asterisks with the original two letters, it, or the other two letters, en.  It is unfortunate that the second term was ever coined by this guy, and it is remarkable to think that this guy has included it for many years as […]