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 […]
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 […]
So, I’ve been starting and stopping a post about the most recent ABA Formal Ethics Opinion to be released. Partly, because the opinion is a bit pedestrian generally involving weighing in on a situation that is largely always an “it depends” on factors that are hard to spell out in an ethics opinion and partly […]
Today we get the chance to write about something that truly is a rare event — the imposition of public discipline against a sitting federal judge. And it is a story that when you reach the end of it leaves you feeling like the punishment was not really harsh enough but also very aware of […]
This is a post that will largely only speak to other lawyers who handled the defense of disciplinary matters. It is also a post that admittedly will — based on limited available information both broadly and narrowly — lack appropriate insight at a granular level. What it is intended to do, however, is point out […]
In case you haven’t yet “checked out” for the week to have what I hope is a makeshift, stay-at-home Thanksgiving banquet to kick-off your holiday weekend, here are four very short but, mostly timely, updates on topics of prior posts. First, the Tennessee Supreme Court has put the TBA advertising rule revisions proposal out for […]
Readers of this space know that a large part of my practice involves representing lawyers in disciplinary proceedings. Disciplinary proceedings are difficult for all that are involved, but rarely can anyone involved question that they don’t know the stakes. They are what they are and they have their own rules and procedures. Today’s post involves […]
People often think of lawyers and judges differently. And, to a large extent, they should. In almost every situation, someone cannot become a judge without having been a lawyer first. But once a lawyer transforms into a judge, their role in the judicial system becomes radically different and they now have a new set of […]
So, as promised (and even though there have been even further developments down in Florida), today I am writing about the latest ABA Ethics Opinion and whether it might provide any solace and protection for a lawyer who is being dragged by a former client online and wanting to defend herself by responding online to […]
Last week was a pretty eventful week in the area where politics and the law overlaps, and an initially bizarre turn of events that was made more bizarre by subsequent claims injected some questions of legal ethics into events on the national stage again. What I’m talking about is all stuff you’ve likely already read […]