Legal Ethics

  • David Messerschmitt

    Non-Sequiturs

    Non-Sequiturs: 04.09.15

    * Police claim David Messerschmitt’s killer stole only $40. [Washington Post]

    * Lil Wayne vs. Cash Money. Which is, apparently, not an in rem action. [FactMag]

    * What is the difference between confidence and arrogance? Obviously, I know the answer, but let’s see if you can figure it out. [Corporette]

    * One angle I missed from today’s news that a gunman attacked a courthouse in Milan is that this is life imitating art, eerily reminiscent of a plotline on The Good Wife. [Law and More]

    * Immigration attorney is a no-show at her sentencing for 13 felony theft counts for accepting fees and botching her work. You’d think she skipped the country except we know she sucks at immigration law. [ABA Journal]

    * Former president of the World Bank’s LGBT employee organization is under investigation. He thinks this seems pretty suspicious. [Buzzfeed]

    * The Tsarnaev trial highlights the continuing stupidity of keeping cameras out of the courtroom. [Vanity Fair]

    * Another installment of “Roberts at 10,” looking at his 10 years as chief. What’s his legacy on LGBT rights? Well, unsurprisingly, we’re not going to know for sure for a couple months. [Constitutional Accountability Center]

    * A new study reveals that judges are less ideologically biased than law students. Again, it’s not that judges are less firm in their ideology, it’s that they’ve learned to pick their battles. [WSJ Law Blog]

    13 Comments / / Apr 9, 2015 at 5:17 PM
  • St_Louis_Rams

    Non-Sequiturs

    Non-Sequiturs: 04.08.15

    * SLU Law clinic threatens to sue the city of St. Louis if they try and shell out public dollars to keep the Rams in town. I’d sue if I had to watch the Rams every week too. [St. Louis Post-Dispatch]

    * How many law school applicants do we expect for the Fall? [The Faculty Lounge]

    * DMX’s lawyer says his client didn’t just up and rob a dude at gunpoint. Which is obviously true, because X Gonna Give It To Ya, not take it from ya. [Design & Trend]

    * The TL;DR here is that Elizabeth Wurtzel wants to be noticed. Double f**king newsflash. [Jezebel]

    * A spirited debate on where the FISA court went wrong. The crux of the argument is [REDACTED]. [Lawfare]

    * We’re not above telling the good stories from time to time. Like this kid who went from homeless to NYU Law grad. [Patch]

    * Lawyer suspended for sexual conduct with a 17-year-old and blogging. Thankfully, not blogging about the sex. [Legal Profession Blog]

    * Jeopardy! gets a legal response when it wanted a science answer. [YouTube]

    https://www.youtube.com/watch?v=1R-B-BFQwng

    Frankly, the question (answer?) is kind of bulls**t. Consent is something that gets legislated and I’ve seen Game of Thrones — those ages sound about right for that world. On the other hand, puberty is something that just happens. Unless you’re a gymnast.

    16 Comments / / Apr 8, 2015 at 5:02 PM
  • shocked woman lawyer laptop

    Attorney Misconduct, Crime

    Law Firm Partner Charged After Pretending To Be A Lawyer For A Decade

    Why bother wasting away in law school when you can just tell people you’re a lawyer?

    46 Comments / / Mar 31, 2015 at 12:02 PM
  • prostitute prostitution

    Legal Ethics, Prostitution

    Demanding Sex For Legal Services Frowned Upon In Indiana

    A lawyer gets smacked with ethical charges for an “alternative fee structure,” but it’s the cops who come out of this tale looking like creeps.

    15 Comments / / Mar 30, 2015 at 12:30 PM
  • Judge Neil Gorsuch at the Federalist Society's 2013 National Lawyers Convention

    10th Circuit, Benchslaps, Federal Judges

    Benchslap Of The Day: No More Mr. Nice Guy

    “At some point, this court has a duty to do more than observe, record, and warn. It has a duty to act.”

    26 Comments / / Mar 27, 2015 at 1:38 PM
  • Keith Lee

    Legal Ethics, Small Law Firms

    Can You Troll For Clients On Twitter?

    Conduct yourself online just as you would at your kid’s little league game. Display expertise on a topic, have regular conversations with people about issues, and eventually clients will come to you.

    4 Comments / / Mar 26, 2015 at 4:14 PM
  • saul 3

    Attorney Misconduct, Legal Ethics, Television

    Standard Of Review: The Legal Ethics (Or Lack Thereof) Of Better Call Saul

    Have you ever wondered about the the legal ethics and attorney misconduct depicted on Better Call Saul? This lawyer writes an entire blog dedicated to Saul Goodman’s misdeeds.

    2 Comments / / Mar 26, 2015 at 11:04 AM
  • LexBlog image

    Biglaw, Blogging

    Law Firms: Stop Wasting Time Driving Traffic to Your Website

    Depending on what you’re selling, driving traffic to your website might not be a very good goal, as Cara McDonald of LexBlog explains.

    12 Comments / / Mar 18, 2015 at 4:12 PM
  • These chocolates come with a search warrant.

    Morning Docket

    Morning Docket: 03.16.15

    * Last week in court, a murder suspect in Louisiana apparently pooped his pants during a case status hearing, wiped said poop all over his face, and muttered to himself that “life is like a box of chocolates.” Sorry about that crappy candy, dude. [New Orleans Advocate]

    * According to early Am Law 100 data, New York’s most elite and prestigious firms have once again broken away from the rest of the pack when it comes to both revenue and partner profits. Biglaw’s best may be back to models and bottles. [Am Law Daily]

    * Michelle Lee, the first woman to ever serve as director of the USPTO, was sworn in on stage at SXSW Interactive. Michelle Lee, who worked with the Girl Scouts to issue a patent patch (instead of more makeup and sewing patches), is pretty damn awesome. [Mashable]

    * The federal judiciary has plans to decrease the word limit of appellate briefs from 14,000 to 12,500, and lawyers are pissed. Lawyers from Brown Rudnick say it could result in more acronyms, confusing construction, and less “punctilious citation,” oh my! [WSJ Law Blog]

    * Lee Smolen, the ex-Sidley Austin partner who faked $69,000 in travel expenses while at the firm (and possibly $379K more), has been suspended from practice for one year and will have to undergo psychiatric treatment. [Legal Profession Blog via ABA Journal]

    * Taking New York’s lead, California is considering requiring all would-be attorneys in the state to complete 50 hours of pro bono work within one year of being admitted. Leave it to people who don’t know what they’re doing yet to close the justice gap. [Los Angeles Times]

    29 Comments / / Mar 16, 2015 at 9:02 AM
  • 'I misread the question.'

    Attorney Misconduct, Jury Duty

    Small-Firm Lawyer Wishes Biglaw Associate ‘Good Luck In Hell’

    Four years later, and this lawyer still couldn’t get over the fact that he lost a case.

    75 Comments / / Mar 12, 2015 at 1:04 PM
  • Gary J. Ross RF

    Legal Ethics, Small Law Firms

    Ethics And The SmallLaw Practitioner

    One thing about being your own boss in a small firm is that you get the chance to find out how ethical you really are.

    15 Comments / / Mar 12, 2015 at 11:02 AM
  • typos

    Non-Sequiturs

    Non-Sequiturs: 03.09.15

    * Pretty significant typo… [Legal Cheek]

    * King v. Burwell plaintiffs’ attorney Michael Carvin of Jones Day has some interesting things to say about Obamacare. Like being sure to characterize the law as the product “by living white women and minorities,” which in some circles constitutes throwing shade. Racist circles. [Talking Points Memo]

    * South Carolina makes its potential magistrate judges take the same Wonderlic test given to potential NFL draft picks. The justice system is even based on football down there. I assume occasionally they’ll let a defendant think they’ll get off and then give him the chair and the jury yells, “CLEMSON!” [Lowering the Bar]

    * We take a break from our regularly scheduled NS segment, “Louisiana Seems Crazy,” to bring you a great idea out of Louisiana. Effective May 1, lawyers can earn their CLE hours by doing pro bono work. Brilliant. More substantive legal work to fill a huge need and less garbled streaming video. [New Orleans City Business]

    * OK now back to regularly scheduled programming: arrest warrant issued for New Orleans lawyer accused of intentionally triggering a mistrial by refusing to participate in jury selection. I think Perry Mason did that once. It was one of the more obscure episodes. [Nola]

    * Leave it to the people who wield the awesome punitive power of the state to be the first to give themselves a get out of jail free card. [USA Today]

    * Richard Hsu scores an interview with Jon Lindsey of legal recruiting firm Major, Lindsey & Africa. Apparently, the busy founding partner Lindsey really knows how to juggle things. Literally. [Hsu Untied]

    * History buffs out there may recall that Emperor Augustus instituted a bunch of moral reforms during his reign that really only succeeded in revealing that his daughter was a total whore. But what if the Emperor’s prude rules actually helped solidify his broader goals? [Law & Humanities Blog]

    10 Comments / / Mar 9, 2015 at 5:03 PM
  • Keith Lee

    Small Law Firms, Solo Practitioners, Technology

    Is Your Law Firm A Target For Hackers? (Spoiler: Yes)

    Why are law firms seen as soft, ripe targets for hackers? Columnist Keith Lee explains.

    5 Comments / / Mar 5, 2015 at 1:16 PM
  • legalzoom

    Legal Ethics, Technology

    What Lawyers Must Learn From Dentists About The Unauthorized Practice Of Law

    Alternative legal service providers, don’t say that Anthony Kennedy never did anything for you.

    29 Comments / / Mar 2, 2015 at 2:31 PM
  • A happy Hamline Law grad?

    Morning Docket

    Morning Docket: 03.02.15

    * Unfortunately, it seems that if you want to get an elite legal education in this country, you’re going to have to pay an arm and a leg for it. This year’s NLJ Top 10 Go-To Law Schools each have a sticker price that’s greater than $50K. [National Law Journal]

    * Hamline University’s president thinks it was smarter for her law school to merge with William Mitchell Law than for it to close altogether — hey, it’ll still bear the Hamline name and its dying carcass won’t be on her books anymore! [Star Tribune]

    * Later this week, SCOTUS will hear oral arguments in King v. Burwell, a case that could decimate the Affordable Care Act as we know it. At this point, the justices must be contemplating how many people will lose if the plaintiffs here win. [Wall Street Journal]

    * An ADA from the Brooklyn DA’s office who prosecuted drug cases was canned after his colleagues learned that he failed to report his personal connection to an admitted cocaine dealer. Perhaps they were jealous he refused to share his hookup. [New York Daily News]

    * In case you missed it, Above the Law, your favorite legal website, has been “rankle[d]” by a new series on CNNMoney called “Above the Law.” We know you’re as ticked off about this as we are, so we hope you’ll help us write our cease-and-desist letter. [Am Law Daily]

    37 Comments / / Mar 2, 2015 at 9:03 AM
  • online commenter typist at keyboard

    Legal Ethics, Technology

    Real Men Don’t Type

    Think you’re knowledgeable about law and technology? See if you can answer these questions (by legal tech columnist Jeff Bennion).

    22 Comments / / Feb 24, 2015 at 12:37 PM
  • Jodi Arias

    Non-Sequiturs, Social Media

    Non-Sequiturs: 02.23.15

    * Two jurors excused in the Jodi Arias sentencing retrial. Those were the lucky ones who were able to never have to hear about this case again. [KFYI]

    * After handing down their latest law school rankings, NLJ also talked with hiring partners about getting hired. [National Law Journal]

    * Louisiana. Never stop being you. Longest sitting judge in the state temporarily removed from post pending investigation. [Times-Picayune]

    * Alas, even Paul Clement couldn’t help poor Bobby Chen resuscitate his once abandoned Supreme Court case. And Bobby Chen’s argument wasn’t even as much as a lost cause as pretending the Affordable Care Act was unconstitutional. [Wall Street Journal]

    * Hm. A lot of law blog content ends up suspiciously under someone else’s banner. [Associate’s Mind]

    * Justice Don Willett is a Twitter superstar. Or should I say, @JusticeWillett. [KXAN]

    * Hey guys, the New York Fed thinks this “student debt” thing is kind of a big deal. [TaxProf Blog]

    * If you can make it to New Haven on Thursday, you can see David Lat and other panelists speak on “The Perils of Vine, Instagram, Snapchat & Twitter: Legal Considerations of Social Media.” [CT Bar]

    5 Comments / / Feb 23, 2015 at 5:36 PM
  • social media

    In-House Counsel, Legal Marketing, Technology

    Legal Ethics and Social Media: What Pre-Litigation Advice May an Attorney Provide to His or Her Client?

    When meeting with your client about a matter that will likely result in litigation, what advice can you give your client about privacy settings and removal of information from social media in the pre-litigation setting?

    / Feb 23, 2015 at 4:07 PM