Categories
Legal ethics

Can you just “nuh uh” civil rights violations?

Apparently, when you are the Tennessee Supreme Court that might just be something you are powerful enough to do. For a variety of reasons over the years, I have refrained from writing anything here about the Tennessee Lawyers Assistance Program. During the course of my career, there have been times I have been a huge […]

Categories
Legal ethics

Bullying between clients and lawyers remains a one-way street

Many years ago now, I wrote a post about a lawyer improperly making a public announcement that they were no longer representing a prominent client. On the cusp of the United States beginning a journey caused by repeating one of its gravest electoral mistakes, I will not repeat that post in its entirety. Instead, I […]

Categories
Legal ethics

Being a lawyer is testing, becoming a lawyer still shouldn’t turn on passing “a test”

Yes, I know. The gap in content around here is inexcusable. Every week or so I should at least post this gif to keep people interested. Today though we offer content. We are spurred to drop all the other projects and write because two things happened today. First, of local interest, the results for the […]

Categories
Legal ethics

Can you name all the ABA Model Rules that can never be violated?

Instinctively, if you know your way around the attorney ethics rules, I don’t think the question posed by the title of this post is a particularly hard question. But two incidents I’ve experienced within the last few weeks have caused me to question how well understood it is among the legal community that there are […]

Categories
Legal ethics

Generating more Generative AI content

It has somehow been a minute since I’ve written any updates on anything in the world of Generative AI issues. That hasn’t, of course, been because things haven’t been happening. They have. And even today I found myself as part of yet another panel presentation on the ethics issues surrounding the rise of the use […]

Categories
Legal ethics

Anti-discrimination v. anti-diversity

It has been a while since I have written anything here about ABA Model Rule 8.4(g) and efforts to adopt variations of it at the state level anywhere. Part of why that is the case is that there hasn’t (to the best of my knowledge) been many developments of note to write about. Part of […]

Categories
Legal ethics

To “Non” or not to “Non”?

Is currently sort of a question it seems. It is not the world’s most pressing question, but it is a discussion topic in the world of the practice of law getting some extensive media scrutiny in legal publications. For example, here, here, and here. For those not fully enmeshed in the topic already, the issue […]

Categories
Legal ethics

Beyond disbarred in Colorado

Stop me if I’ve said this before … but I’m a bad blogger. With that out of the way, here is something exceedingly rare and that caught my attention — a court ordering that a lawyer, who had already been disbarred, was now no longer entitled to even file things in court on a pro […]

Categories
Legal ethics

Another failed effort to pretend Rule 5.6(a) has no teeth.

It has been a minute since I’ve had a decent reason to write a post regarding efforts of law firms to try to come up with ways around the ethical restriction imposed by RPC 5.6(a) in jurisdictions that track the Model Rules. A recent Colorado case does the trick. (And, thankfully it does, because otherwise […]

Categories
Legal ethics

You have to unring a bell the right way & you really can only do it once.

Welcome to 2024 y’all. Lawyers spend an inordinate (but not actually unduly excessive) amount of time worried about making mistakes that involve sending the wrong information to the wrong people. For lawyers in most U.S. jurisdictions, the ethics rules do not provide truly comprehensive guidance about how to fix such a mistake because the ethics […]