Legal Ethics

  • Incredible Hulk

    Advertising, American Bar Association / ABA, D.C. Circuit, Health Care / Medicine, Legal Ethics, Non-Sequiturs, Patents, Pets, Racism, Supreme Court

    Non-Sequiturs: 07.25.14

    * 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]

    0 Comments / / Jul 25, 2014 at 4:52 PM
  • Andrew Cuomo

    Andrew Cuomo, Legal Ethics

    Andrew Cuomo Investigated For Corruption In Blocking Investigations Into Corruption

    A prominent law professor believes Governor Cuomo should resign if these allegations prove true. He probably won’t.

    7 Comments / / Jul 25, 2014 at 10:13 AM
  • Fly-swatter RF

    Benchslaps, Legal Ethics

    Lawyer Smacks Judge Repeatedly With Flyswatter

    Why was he carrying a flyswatter in the first place?

    9 Comments / / Jul 21, 2014 at 11:19 AM
  • 4521344_orig

    4th Circuit, Crime, Fashion, Immigration, Legal Ethics, Non-Sequiturs, Privacy, Technology

    Non-Sequiturs: 07.18.14

    * Latter-day Dan Fielding seems to have used his office to meet the ladies: alleged to have had an affair with and then impregnate a woman he prosecuted. When she raised the issue with his wife, he filed a motion to revoke her probation. This is all terrible, but the weirdest part was having to have her defense counsel in the bedroom the whole time. [Lexington Herald-Leader]

    * Woman shot a guy because he didn’t ejaculate enough. The most dreaded words in that neighborhood must be, “Omar’s not comin’ yo.” [Detroit Free Press]

    * What caused the child immigration crisis at the border? Turns out it was Free Slurpee Day. Who knew? [CNBC]

    * Overcommunication is a virtue. Did you hear that? Overcommunication is a good thing. It really is. You should overcommunicate. It’s good. [What About Clients?]

    * Judge J. Harvie Wilkinson III thinks the criminal justice system is just super. As far as innocent people going to jail, them’s the breaks. [Wrongful Convictions Blog]

    * A guy’s guide to lawyerly fashion. It misses my personal pet peeve: use collar stays! Seriously, how do people not know this? [Attorney at Work]

    * There were a record number of data breaches in New York last year. The problem is the persistent use of 12345 as a password. [Information Law Group]

    4 Comments / / Jul 18, 2014 at 4:36 PM
  • Judge Stephanie Domitrovich

  • prison RF

  • 220px-Richard_G._Kopf_District_Judge-RF

    Antonin Scalia, Blog Wars, Blogging, Federal Judges, Jed Rakoff, Legal Ethics, Richard Posner, SCOTUS, Shira Scheindlin, Supreme Court, Thomas Goldstein

    Are Federal Judges Out Of Control?

    A federal judge lands in hot water for telling the Supreme Court to “stfu.” It’s just part of a growing trend of criticizing federal judges for having opinions.

    16 Comments / / Jul 14, 2014 at 2:02 PM
  • 470px-Optimusg1

    Bar Exams, Legal Ethics, Non-Sequiturs, Ruth Bader Ginsburg, SCOTUS, Summer Associates, Supreme Court, Technology

    Non-Sequiturs: 07.08.14

    * The criminal codes violated in Transformers: Age of Extinction. Violations of the code of good filmmaking not included. [The Legal Geeks]

    * Remember the guy who turned Justice Ginsburg’s Hobby Lobby dissent into a song? It turns out he’s been recording a song a day since 2009 and that was his first hit. Congrats! Hopefully next Term Justice Alito can declare suffocating orphans constitutional so this guy can have a follow-up. [Music.mic]

    * How to end an internship? The key is drunkenly denouncing all your bosses in public. Oh, how to end an internship positively? Well, then I’m going to need some advice. [Corporette]

    * Fracking interests have a new plan to promote the well-being of those living in affected areas: pay them $50,000 to grant universal releases. This doesn’t make fracking sound dangerous at all. [Pro Publica]

    * Hey folks taking the New York bar exam at the Javits Center! Order your lunch. [Custom Gourmet]

    * Insurance companies are asking American customers to go to Tijuana for medical care. “I know you need heart surgery, but have you considered how awesome it would be to take in a donkey show after your release?” [New Republic]

    * Mitchell Epner, who is basically our Donald Sterling beat reporter, has a recap of the first day of the proceedings. [mitchellepner]

    * Conviction for multiple sexual assaults “can be the basis of an interim suspension of his law license.” Seems like that should be a little more definite. [Legal Profession Blog]

    * One of the underappreciated challenges in state and local governance is the inability to permalink statutes. [Government Executive]

    2 Comments / / Jul 8, 2014 at 4:24 PM
  • 220px-NYSCourtofAppeals1

    Bankruptcy, Biglaw, Dewey & LeBoeuf, Election Law, FTC, Legal Ethics, Morning Docket, Sexual Harassment, White-Collar Crime

    Morning Docket: 07.02.14

    * The New York Court of Appeals put the hurt on defunct firms seeking unfinished business fees from former partners who left for greener pastures. Sorry, I didn’t follow ATL protocol: “Dewey think firms should collect unfinished business fees?” [Wall Street Journal Law Blog]

    * We reported on the Tinder lawsuit yesterday. Here’s a collection of all the messed up texts involved. [Valleywag]

    * Facebook’s lawyer is now calling the emotional manipulation study it recently conducted “customer service.” Dear Internet: Despite all your rage, you’re still just rats in a cage. [The Atlantic]

    * So if you’re studying for the MPRE, blow jobs aren’t the preferred legal fee. [Legal Profession Blog]

    * How did your last cell phone bill look? Because the FTC says T-Mobile knowingly added hundreds of millions of charges on. At least that girl in pink was cute, huh? [USA Today]

    * BNP Paribas is confident it can pay its record fine. [Dealbook / New York Times]

    * Meanwhile, Putin accused the U.S. of trying to use the BNP fine to blackmail France into turning its back on Russia. Because conspiracy theories are awesome. [Bloomberg]

    * Lawsuit filed because right-wingers totally miffed that black people voted for a Republican. [Sun Herald (Mississippi)]

    / Jul 2, 2014 at 9:06 AM
  • depressed head in hands

  • money pocketed by man in suit

    Biglaw, Billable Hours, In-House Counsel, Legal Ethics, Partner Issues

    How Senior Partners Cheat

    In-house columnist Mark Herrmann describes two senior-partner cons.

    7 Comments / / Jun 23, 2014 at 12:15 PM
  • sexual harassment office

  • sexual harassment

    Attorney Misconduct, Barack Obama, Biglaw, Celebrities, Confirmations, Federal Judges, Gay, Legal Ethics, Morning Docket, Prisons, Sexual Harassment, Technology, Women's Issues

    Morning Docket: 06.18.14

    * In a “historic day for our judiciary,” the Senate confirmed the first openly gay black male judge, and the 112th female federal judge appointed by Obama — more than any other president. Congrats! [AP]

    * “It looks like science fiction, but it’s real.” That’s probably what the good folks at Amazon are going to say after they take a look at Akin Gump’s bill for its drone delivery lobbying efforts. [Legal Times]

    * A 90-year-old judge removed himself from Michael Jordan’s big-money case against a grocery store chain, but dropped the gavel on the basketball star’s lawyers before leaving the bench. [Chicago Tribune]

    * This Ohio attorney was suspended after he sent some pretty dirty text messages to a 3L who was working in his office. He just wanted assistance on his pro boner representation. [National Law Journal]

    * Give this man some money: Jonathan Fleming, the New York man who was wrongly imprisoned for almost 25 years for a murder he didn’t commit, has filed a $162 million lawsuit against the city. [Reuters]

    9 Comments / / Jun 18, 2014 at 9:12 AM
  • Zach Warren

    Crime, Dewey & LeBoeuf, Federal Circuit, Federal Judges, Hillary Clinton, Law School Deans, Law Schools, Legal Ethics, Morning Docket, Murder, O.J. Simpson, Sonia Sotomayor, Trials

    Morning Docket: 06.16.14

    * They know where to find a deal: Justice Sonia Sotomayor ran into Hillary Clinton at Costco this weekend where the former secretary of state was hawking her book (affiliate link). It’s almost like this wasn’t arranged. [Huffington Post]

    * “[T]his is my chance to do what I love and I am going to seize it!” Judge Randall Rader stepped down from his role as chief of the Federal Circuit less than a month ago following an ethics issue, and now he’s retiring for good. [Reuters]

    * The government says that Zachary Warren’s prestigious legal accomplishments “left him well-able to understand the criminal nature of his conduct at Dewey.” Ouch, the People just turned it around on him. [WSJ Law Blog]

    * “The reasons they have are the reasons they have.” The ex-dean of Indiana Tech Law quit his job weeks ago, but no one has any idea why. We guess he got out while the getting was still good. [Journal Gazette]

    * Kenan Gay, the Charlotte Law student charged with murder after allegedly tossing a man into traffic, was acquitted. He graduated this spring. Nice work, but loans are still a life sentence, bro. [Charlotte Observer]

    * It’s been 20 years since the O.J. Simpson case — aka the “trial of the century” — came to its dramatic conclusion. If you want to know what happened to all of the lawyers involved, we’ve got you covered. [CNN]

    5 Comments / / Jun 16, 2014 at 9:05 AM
  • 220px-Phil_Mickelson_@_2008_US_Open,_Torrey_Pines,_San_Diego,_CA

    Barack Obama, Books, Golf, Insider Trading, Legal Ethics, Non-Sequiturs, Summer Associates, Tax Law

    Non-Sequiturs: 06.13.14

    * While you weren’t looking, Phil Mickelson was cleared of insider trading of Clorox options. How does Lefty get his reputation back? Shooting better than 70 at Pinehurst would help. [mitchellepner]

    * Lat reviews The Good Lawyer by Douglas O. Linder and Nancy Levit. [Wall Street Journal]

    * Canada grants asylum to Florida sex-offender. Maybe Canada can give a hand to Crystal Metheny. [National Post]

    * Lawyer charged with stealing from clients defends himself: “[Wife] had become accustomed to a lavish lifestyle that generated living expenses of $40K per month.” Well then! [Seattle Post-Intelligencer]

    * Can President Obama just raise taxes unilaterally? Apparently so. [DealBook / New York Times (gavel bang: TaxProf Blog)]

    * So as I read this, someone who definitely bought prostitutes to influence people is accusing someone else of allegedly buying prostitutes to influence people. [Forbes]

    * How to make the most of your summer associate experience and not screw up spectacularly (though if you choose to screw up spectacularly, please do it in a reportable way). Video below… [Mimesis Law]

    1 Comment / / Jun 13, 2014 at 4:38 PM
  • 320px-Beastieboys-sonar07

    Copyright, Labor / Employment, Legal Ethics, Music, Non-Sequiturs, Politics, Student Loans

    Non-Sequiturs: 06.06.14

    * Beastie Boys prevail in another intellectual property fight. This time winning $1.7 million from Monster Energy — the drink that guarantees you’ll get no sleep until Brooklyn. [Grantland]

    * Law school hands out the wrong exam. To the whole class. [Legal Cheek]

    * Best politico defense of taking a bribe: I was too drunk to realize I was being bribed! [New York Post]

    * Lawyer wrote “go ahead and disbar me” to Departmental Disciplinary Committee. Sometimes there’s no just bluff to call. [Legal Profession Blog]

    * One more problem with high student debt: debt alone can nix your character and fitness approval. [Arizona Law Review]

    * A celebration of courtroom illustrators in light of the release of The Illustrated Courtroom: 50 Years of Court Art (affiliate link) [Illustrated Courtroom]

    * Vice Media is doing tremendous work exposing injustices. Perhaps they need to look into their own office… [Capital New York]

    * In a comical bout of karma, a landlord sued its blogger resident for alleged defamation. Next thing you know, HUD inspection records come to light. Let’s just say the landlord should be very unhappy that truth is a defense. [Columbus Dispatch]

    * Check out the conclusion of ReplyAll’s conversation with John Grisham. [Above the Law]

    * Do you think someone is not happy with Jones Foster’s billing practices?

    3 Comments / / Jun 6, 2014 at 4:43 PM
  • Johnny Manziel (By: Thomas Campbell-USA TODAY Sports)

    Citigroup, Football, Jed Rakoff, Jonathan Lee Riches, Law Reviews, Legal Ethics, Non-Sequiturs, Patents, Pornography, SCOTUS, Securities and Exchange Commission, Supreme Court, White-Collar Crime

    Non-Sequiturs: 06.04.14

    * Sad day for Jonathan Lee Riches. His lawsuit over Johnny Manziel’s penis has been thrown out of court. [Black Sports Online]

    * Hot on the heels of yesterday’s item about SCOTUS porn parties, Professor Tribe guest blogs about his new book (affiliate link) and coercion, bribery, and influence. [The Volokh Conspiracy / Washington Post]

    * Former Brooklyn DA and aspiring TV star Charles Hynes is staring down larceny accusations. [Gothamist]

    * Texas basically assigns a cop to actively discourage investigate indigent parties seeking assigned counsel. [Socialist Gumshoe]

    * The Supreme Court doesn’t like talking about patents — its opinions on the subject are getting shorter and shorter. [Patently-O]

    * A lawyer is in hot water for allowing underaged drinking at a post prom party. The point was to keep the kids from driving. But no good deed goes unpunished. [Turn to 10]

    * An interesting profile of one of my favorite professors, Ken Feinberg, labeling him “the lawyer who decides what a life is worth.” Yikes. [KDVR]

    * The business strategy of just telling clients what they want to hear deflates. [Dealbreaker]

    * Who says no one reads law reviews? The porn industry does and they really like this student Note. [XBiz]

    * This is why we can’t have nice things. Second Circuit explains that if a revolving door agency of sycophants says it’s OK, it’s OK. Full opinion below…. [New York Times]

    3 Comments / / Jun 4, 2014 at 5:03 PM
  • Biglaw = big a-hole?

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