Legal Ethics

* 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….

double red triangle arrows Continue reading “Man Pretends To Be Lawyer, Becomes Criminal Defendant”

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…

double red triangle arrows Continue reading “Lawyer Asked To Not Represent Women: Otherwise, No Concerns​”

For the past few weeks, I’ve been writing about law school hoping that it would help would-be law students make an informed decision. I exposed some misperceptions about law school that no one discussed. I also suggested some cost-effective and possibly lucrative alternatives to a legal education. And I wrote about some last-minute things to consider before going to law school.

But some of you will still go to law school for the wrong reasons and pay rip-off prices. Ego, familial expectations, and peer pressure may play a role in your decision. So I want to finish the law-school-themed posts by issuing a warning to students and their parents about the consequences of graduating without a meaningful job and with six figure, nearly nondischargeable student loan debt….

double red triangle arrows Continue reading “A Final Warning To Those Who Enter The Law School Black Hole”

Ah, the billable hour. It is the bane of many attorneys’ existence, and almost anyone who has spent time within a law firm has their own story about… ethical lapses surrounding billing. Maybe it’s something seemingly small or benign like always rounding up when tracking working time or billing through bathroom breaks (or Farmville breaks) because, hey, your brain was still thinking about the issue. Or maybe it’s billing the exact number of hours a partner believes a task should take, no matter how quickly you are actually able to charge through it.

The perverse incentives created by billing by the hour (especially when the attorneys involved have billable requirements for either their job security or their expected bonus) for legal work has been well tread, but sometimes a document review attorney has a really clever excuse….

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Forfeiture law is insane.

There are lots of reasons to hate criminal forfeiture. You could dislike forfeiture because of the way law enforcement uses it to target poor people, the way law enforcement takes small sums of money that no reasonable person would fight over, the way some law man down south threatened parents with choosing between being arrested and having their kids put in foster care or forfeiting their cash, or even the way it creates insane incentives for cops to fund themselves by taking money from people whether they ought to or not. (For examples of this stuff, see either The New Yorker or The Daily Show, depending on whether you’re currently trying to impress someone).

Law enforcement wants that forfeiture money. And, as the examples above show, they’re going to do a lot to get it.

Though now, in Baltimore, a forfeiture case has led to an allegation that a federal prosecutor knowingly produced a forged document in a case.

If you believe a law enforcement officer’s testimony under oath.

double red triangle arrows Continue reading “Did An AUSA Knowingly Produce a Forged Document Just to Get a Forfeiture Judgment?”

Litigators get away with a lot of obnoxious stuff during discovery. For better or worse, the pre-trial discovery phase of civil litigation is every lawyer’s opportunity to relive those times when parents leave kids alone for the first time: every slight, disagreement, and jealousy on a slow boil explodes into anarchic back-biting once there’s no authority figure around to enforce civility. Bring on the mean-spirited letters and smack-talking RFAs.

When it comes to depositions, it doesn’t always reach “fatboy” levels, but a federal deposition isn’t a deposition until someone threatens to call the magistrate — though never does.

Which is why this benchslap, where a federal judge levies a sanction straight out of elementary school, is so appropriate….

double red triangle arrows Continue reading “Biglaw Firm Ordered To Make A Video Apologizing For Discovery Abuses”

Here’s something I’m envious of as a Canadian lawyer. The United States is filled with celebrity lawyers: Robert Shapiro, Gerry Spence, Harvey Levin (thank you, TMZ), Judge Wapner, Judge Judy, Judge Joe Brown, Judge Lance Ito.

Bobby and Teddy—lawyers.  John, Jr., a prosecutor.  Bill and Hillary and the current POTUS and FLOTUS, lawyers all.

And, of course, the most celebrated American lawyer, Geraldo Rivera (you forgot that, didn’t you?).

The U.S. loves to gawk at its lawyers, making them famous for defending ex-Hertz pitchmen, or for screaming at people on crappy daytime television where they make all judges look like arrogant cork smokers.

What about celebrity lawyers in Canada?

double red triangle arrows Continue reading “The View From Up North: Phantom Of The Opera Disbarred”

* Proximate cause and the Incredible Hulk. Whatever, everyone knows Kirby was the real brains behind Palsgraf. [The Legal Geeks]

* Someone is having fun with their RFAs: Admit… that we are going to whip the dog piss out of you. We were specifically chided: “please don’t say ‘only in Arkansas,'” so we won’t. You should feel free to say exactly that though. [Hawg Law Blog]

* Not really surprising, but patent trolling is the worst it has ever been. I’ll sit here and wait for the New York Times to blame millennials. [io9]

* The most important Supreme Court decision you’ve never heard of! Well, except I have heard of it. In fact, there was a year-long college debate topic about it. But it’s still important. [Washington Post]

* What’s the appropriate sentence for having a dog off a leash? Confining the guy to a seven-county area? [LA Weekly]

* Things to do in Denver when you’re a lawyer: allegedly scam a few million off a client. [Denver Post]

* Meet the lawyer who came up with the quirky reading that got the D.C. Circuit to temporarily derail Obamacare. [Wall Street Journal]

* Meanwhile, this title says it all about Halbig: “Well, Conjecture, Tendentious Misreadings, and Cherry Picking Are Kinds of Evidence.” Pour a little out for Lionel Hutz. [Lawyers, Guns & Money]

* Everyday we (the ABA) hustlin’. [Law and More]

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