Categories
Legal ethics

One bad apple spoils bunch? Ethics opinion edition

I’m sure you are familiar with the idiom “One bad apple spoils the bunch” or in some parts of the country “one bad apple spoils the barrel,” but probably not in the context of legal ethics opinions. Someone could (or has) already written versions of posts applying that idiom to lawyers generally and perhaps unethical […]

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

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

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 […]

Categories
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 […]

Categories
Legal ethics

“No extensions” – Part 2

So, I know I promised part two of this two-part blog epic would come out today, but things have come up and so I’m going to have to ask you for a little patience and an extension of a few days to deliver. I’m just joking, of course. I know that you won’t be granting […]