Legal Ethics

Isn’t discovery fun?

Attorneys can pretty much be broken down into two categories — those who have experience with doc review, and those who have been lucky enough to avoid it. But, there will be a point in the not too distant future when the latter group will become the ultra minority. I have been preaching for years now to attorneys: “Woe unto you who fails to understand the importance of metadata.” When I am consulting with attorneys on tech issues, be it trial technology related, practice management related, or e-discovery related, I always get a large portion of attorneys who tell me (usually with their eyes), “Look, son, I haven’t needed this is the past, I don’t need it now, and I’ll never need it. Change is bad.”

Finally, I have some authority to back me up….

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* The Minnesota Republican party banned their own candidate for Supreme Court from the State Fair. I just feel bad that she’ll never know who won the prize pig competition. [Minneapolis Star-Tribune]

* Lawyers are narcissists and that’s not good for their careers. [Law and More]

* A writer figures out that American University’s Law School is a trap. [Washington City Paper]

* Disturbing video of a judge ordering the illegal assault and arrest of a disabled, indigent litigant. The fact that this is the second “judge assaults a litigant” incident I’ve written about in a week is terrifying. [Sacramento Family Court News]

* Steph Cha’s new tale of old school noir, Beware Beware (affiliate link), is now available. Its setting is “a picture of desolation, of crushed dreams dressed in grimy fourth-hand garments.” And yet, somehow she’s not talking about the last days of Dewey. [LA Times]

* If you’re doing some kind of charity, do us a favor and shut up about it. [What About Clients]

* A Connecticut lawyer was barred from ever representing women again for the rest of his career. Now he may be disbarred for breaking that simple condition. [ATL Redline]

* A Maryland judge ordered a court officer to deliver an electrical shock to a defendant. What the hell? [Baltimore Post-Examiner]

* Be less of a lawyer. [Medium]

* New York agrees to pay out $10 million to wrongfully convicted man. He may be gone, but former D.A. Charles Hynes is still costing the city money. [New York Times]

* Sentence requiring former Supreme Court justice to write apology letters to every judge in the state on a picture of her in handcuffs struck down as “unorthodox gimmick.” Now she has to write the letters on regular paper because apparently the apology letter part was an “orthodox gimmick.” [Penn Live]

* The public domain is awesome. [Clickhole]

* Lawyer accused of asking office manager if she wanted a “Dirty Sanchez.” Does anybody ever answer yes to that question? [Barstool Sports]

* In this summer’s Biglaw lawsuitpalooza, real estate and conflicts took the lead as headliners. Poor Boies Schiller had double the trouble when it came to ethics complaints. Ouch. [Am Law Daily]

* New Jersey taxpayers owe Gibson Dunn & Crutcher about $6.5 million thanks to Governor Chris Christie’s Bridgegate scandal. Thanks for the pain in our pocketbooks, chief. [Daily Report (reg. req.)]

* “It’s been a minor inconvenience to us, but of course I don’t like somebody hijacking my name and using it to hurt someone else.” Two Florida law firms are investigating why someone sent out 42 anonymous state bar complaints against one firm using the other firm’s mailing address. [Orlando Sentinel]

* Charleston School of Law is starting a new academic year with even more confusion than it was in last year, considering that its InfiLaw buyout is in a state of flux. Maybe that’s a good thing. [Post and Courier]

* Three ex-Lingerie Football League players have filed class action suits against the club, alleging minimum wage law violations. Come on, pay these half-naked athletes a living wage. [National Law Journal]

This week, a Texas campaign ad and a Pennsylvania death penalty appeal each illustrate what happens when lawyers lose sight of for what — and whom — they claim to be working.
Wendy Davis, in the final throes of her Texas gubernatorial race against Attorney General Greg Abbott, launched a controversial campaign ad a few days ago. The ad accuses Abbott of “siding with a corporation over a rape victim,” spotlighting a 1998 Supreme Court of Texas case brought by a woman seeking damages from a vacuum manufacturer after a door-to-door salesman of the vacuums allegedly raped her in her home. A background check should have revealed that the man had a criminal history. Abbott was then a justice on the Texas court. He dissented from the majority’s decision in favor of the woman. Davis’s ad ignited heated debate, with even her supporters questioning the propriety of the ad. Abbott’s campaign called the ad “despicable.”

Meanwhile, on the other side of the country, the United States Supreme Court on Monday issued a highly unusual order in a Pennsylvania death penalty case. The Court asked the Pennsylvania Supreme Court Disciplinary Board to investigate and take appropriate actions against Marc Bookman, an attorney who filed a petition for review of Michael Eric Ballard’s death sentence. Ballard slaughtered four people in 2010: his former girlfriend, her father, her grandfather, and a neighbor who tried to help the family when he heard screams coming from the home. Ballard was sentenced to death in 2011. In November 2013, the Pennsylvania Supreme Court upheld the sentence. On June 23 of this year, SCOTUS denied Bookman’s petition to review Ballard’s case, but the Court then ordered Bookman to file additional responses about his relationship to Ballard. Apparently not satisfied by Bookman’s replies, the Court referred the case to the state disciplinary authority.

So, what’s the problem in either of these situations? Why the controversy? And what do they have in common?

double red triangle arrows Continue reading “What Do A Wendy Davis Campaign Ad And An Unusual SCOTUS Order Have In Common?”

Ed. note: This is the latest installment in a series of posts on lateral partner moves from Lateral Link’s team of expert contributors. Michael Allen is Managing Principal at Lateral Link, focusing exclusively on partner placements with Am Law 200 clients.

There are some common ethical issues every partner should know, or at least be able to identify what they don’t know, when planning for a lateral transition.

Most partners do not give ethical considerations enough attention in the process. Without proper planning, partners may breach fiduciary duties to their prior firms and create unnecessary conflicts between their former and new firms.

I asked Trisha Rich, a professional responsibility attorney who practices with Holland & Knight’s Lawyer Ethics, Risk Management and Regulation team, to respond to some of the most common ethical questions I have come across while moving partners and groups between law firms…

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* It’s not that Justice Kennedy cares more about gay rights than women’s rights, it’s that Justice Kennedy understands gay rights better than women’s rights. That’s a much less charitable but shorter read of this insightful piece by a former Kennedy clerk. [Dorf on Law]

* The judge caught making racist and sexist remarks about Charlize Theron’s adoption has been banned from the bench. He wants to be judged on more than this incident. To quote Dr. Hibbert: “And hillbillies want to be called ‘Sons of the Soil’, but it ain’t gonna happen.” [Associated Press via Yahoo! News]

* Adam Carolla is keeping his fight against patent trolls alive. Ziggy socky ziggy socky hoy hoy hoy! [Mashable]

* Yesterday, the man who shot young Renisha McBride for knocking on his door was convicted of second-degree murder. Sadly, it was just one more in a string of cases where some idiot bought into the rhetoric of shooting first and asking questions later that gun lobbyists have pushed for years. [New York Times]

* Here’s something, a former law firm CIO wrote a novella called I Spy, You Spy, We All Spy (affiliate link) based on the allegedly true events of the “law firm spying on its own lawyers, employees and some of its employees’ family members.” Delightful. [Amazon]

* “Why Young Lawyers Shouldn’t Hate Hate Hate Baby Boomers Holding On to Jobs.” OK, I’ll go back to hating them for being the self-absorbed Me Generation that made Gordon Gekko a role model. [Law and More]

* At oral argument in the marriage equality cases, the lawyers and the Sixth Circuit exhibited… a lot of misconceptions. [Constitutional Accountability Center]

* The battle over the EPA’s Carbon rules isn’t over yet. Gear up for a Supreme Court trip. [Breaking Energy]

* Do you need to know how to pronounce the SCOTUS case of Volkswagenwerk Aktiengesellschaft v. Schlunk? There’s an app for that. [Law Technology News]

By all accounts, Stephen G. Dickerman is a pretty good lawyer. He retired from practice a few years back.

By all accounts, Stephen G. Dickerman is a pretty poor lawyer. He’s an unknown man who appears to have stolen the former’s identity.

In a bizarre story out of Brooklyn, the FBI arrested a man for using the identity of the retired Stephen G. Dickerman to operate a law practice in Brighton Beach for the last several years.

How easy is it to steal a lawyer’s identity? Shockingly easy it turns out. As in, you should be really worried about your identity easy.

As of now, authorities still have no idea who this guy really is — he still insists that he’s Stephen G. Dickerman, practicing under his supposed Hebrew name as Shlomo Dickerman. The only thing we know for sure is that this guy’s got a lot of chutzpah….

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Could this investigation spell doom for Beau Brindley’s legal career?

“At the Law Offices of Beau B. Brindley, it is our policy to respond to all criminal charges with a relentless attack on the government. We aggressively pursue every case as if we were the accused.”

Those words, from the website of prominent Chicago defense lawyer Beau Brindley, have proved prescient. Now Brindley might get to feel exactly what it’s like to be in the shoes of the accused.

As we mentioned yesterday, Brindley finds himself the subject of a federal criminal probe. What are the allegations against him?

double red triangle arrows Continue reading “Benchslapped Beau Brindley Is Back — And The Target Of A Criminal Probe”

You’d think that a lawyer who is allegedly skeevy enough to be banned from representing women by his own state bar would warrant a total disbarment from the legal profession.

But no, that’s not how they roll in Connecticut. In Connecticut, even if there have been enough ethics complaints by your female clients to warrant a suspension, you are still good as long as you are only accused of being unsuitable to represent half of the population…

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