Categories
. Legal ethics

Glitch in the TN disciplinary procedural rules?

I got a call a week or two ago from another Tennessee lawyer trying to noodle through a situation.  The caller was curious to see if I could offer any insight about why a situation that seemed a bit broken was not. I couldn’t.  Instead, I was able to sort of confirm for the lawyer […]

Categories
. Legal ethics

Violence should never be the answer.

Back almost twenty years ago, the New Jersey Supreme Court warned New Jersey lawyers that “any act of violence committed by an attorney will not be tolerated” and to expect that the likely consequence for engaging in violent behavior would be “[n]othing less than a suspension.”  They issued that warning in a case, In re Viggiano, […]

Categories
. Legal ethics

Bad blogger – please accept this potpourri like sprinkling of items

The week feels like it is getting away from me, some travel, some work, some personal life, but may be able to write about something more substantive I’ve been meaning to tackle for later this week.  For today, here is a scattershot of stories all of which involve something previously found to be worthwhile enough […]

Categories
. Legal ethics

Redefining what it means to be a “nonlawyer.”

I’ve written (quite a long time ago now it seems, but it was only just last Spring) about the unfortunate nature of lawyers calling people who aren’t lawyers “nonlawyers” – rather than referring to them in a less condescending fashion such as “regular people,” for example.  But, I still do it all the time, so […]

Categories
. Legal ethics

Speaking of bad facts making bad law…

I’ve seen a number of short pieces around the Internet about the 70-year old Missouri lawyer who has gotten himself suspended for at least six months over a number of acts of misconduct, including (the thing most prominently mentioned) using information that his client improperly obtained by guessing someone else”s password. There is no question […]

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. Legal ethics

Three updates for you on this election-year President’s Day.

Given that there isn’t a lot going on in the news that relates to legal issues, I feel obligated to offer lawyers something to read.  (I don’t think I’ve ever gone on record here about how badly I wish someone would create and implement a sarcasm font upon which all users could agree.  Maybe it […]

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. Legal ethics

I’ll never understand why athletes hire non-lawyer agents.

Thanks to ESPN I’ve long known more about Johnny Manziel than I care to.  But, this past week, I learned something I really should never know — why his agent decided to fire Manziel as his client.  Up until this past week, Erik Burkhardt was Manziel’s agent.  Burkhardt is a law school graduate, but from […]

Categories
. Legal ethics

A Rorschach test in two parts

To pass the time during Snowmageddon (Snowpocalypse?), here’s a blogpost equivalent of an ink blot test.  Do you think either of these situations (or both) (or neither) involve situations where disciplinary authorities should be allocating resources to go after lawyers under the ethics rules? The first inkblot: An attorney runs advertisements for his bankrutpcy practice […]

Categories
. Legal ethics

Legal Ethics Issues in “Making a Murderer” – Part 1 of ?

So, the latest rage in Netflix binge-watching is the documentary “Making a Murderer.”  If you haven’t been engaged in a digital detox program over the last month or so, then you are likely aware of its existence.   My wife and I just finished it up last evening.  If you haven’t watched it, you really […]

Categories
. Legal ethics

Traps for the Unwary – nonrefundable fees and retainers

For my last post of 2015, some thoughts on a frequent source of trouble for lawyers in certain practice areas where efforts are often made to charge nonrefundable fees.  In Tennessee, back in 2011, our rules were revised to specifically acknowledge the legitimacy of the concept of a nonrefundable fee but also to impose certain […]