Legal Ethics

Sympathies to students who may have to (read: will almost certainly have to) retake the exam.

States that have legalized medical or recreational cannabis should allow their lawyers to advise and assist companies trying to comply with state and local laws.

Will this end sexism in the legal profession? That's doubtful, but it's a step in the right direction.

The only thing more troubling than the story is the tone-deaf response.

* I climbed the Republican presidential nominee’s building using suction cups and all I got were these lousy handcuffs: Stephen Rogata, the Virginia teenager who attempted to scale Trump Tower earlier this week, has been criminally charged with reckless endangerment and trespassing. [New York Times]

* “We adopt policy that will be beneficial to all lawyers — we don’t adopt things just to be politically correct.” Many attorneys are up in arms about the new ABA professional conduct rule which prohibits discriminating against and harassing colleagues during the practice of law, but it was something that needed to happen. [Big Law Business]

* Senate Democratic Leader Harry Reid has predicted “with some degree of credibility” that Democratic presidential candidate Hillary Clinton will nominate Judge Merrick Garland if she wins the White House this fall. He doesn’t think Clinton will “rock the boat” with a new pick for Donald Trump’s “minions” to block. [Associated Press]

* Given the fact that 36.4 percent of lawyers surveyed qualified themselves as problem drinkers, attorney-counselor Patrick Krill has opened a consulting firm that will cater specifically to law firms, providing assistance for lawyers dealing with addiction and mental health issues. If you need help, please seek it out. [Law.com via ABA Journal]

* Who are 11 of the most successful graduates of Stanford Law School? Two are SCOTUS justices, one is a former Ninth Circuit judge, one is the executive director of the ACLU, four are business executives (one of whom invented “revenge litigation finance” to sue Gawker into bankruptcy), and the rest are public figures in politics. [Business Insider]

While judges get away with bias and abuse all over the country, this guy's the one left paying the price.

* “If the LSAC is willing to include GRE scores in the [credential assembly services], then this may be an easy way for the LSAC to continue to certify the accuracy of standardized test scores reported to law schools.” In response to the tantrum LSAC threw over the future certification of LSAT scores, Educational Testing Service, the organization that administers the GRE, has offered to share its exam results with LSAC. [ABA Journal]

* “It is time for the ABA to catch up.” The hotly contested rule proposed by the American Bar Association that would make behavior “[a] lawyer knows or reasonably should know is harassment or discrimination” a form of professional misconduct was “resoundingly adopted” by the House of Delegates earlier this week. Well done, ABA. [WSJ Law Blog]

* Sorry, investment advisers, you make think it’s “unfair,” but according to a recent decision from a three-judge panel of the D.C. Circuit, the Securities and Exchange Commission’s controversial in-house courts are constitutionally sound because the agency’s ALJs don’t make “final” decisions on behalf of the SEC. [Big Law Business]

* Husch Blackwell, which completed a combination with Whyte Hirschboeck in the middle of last month, now not only has bragging rights on finalizing the largest law firm merger of 2016, but it can also claim to have one of the largest real estate practices in the entire country. Congratulations on all of your success! [Midwest Real Estate News]

* Who are eight of the most impressive graduates of Columbia Law School? Would you be surprised to learn that the list includes two former presidents, two Supreme Court justices (one of whom has a law school named after him), a U.S. Attorney General, and various political figures? If you’re interested, check out the list here. [Business Insider]

* Did Chief Justice Roy Moore of the Alabama Supreme Court commit judicial misconduct when he instructed probate judges that the state’s same-sex marriage ban was still in effect despite the Supreme Court’s decision in Obergefell? The state’s Court of the Judiciary has set a date for a trial-like proceeding on the ethics charges Moore faces for late September. [ABC News]

* If you want to go to law school and you’ve got your heart set on a particular institution, it may be in your best financial interests to apply early decision. A few law schools are now offering significant scholarship opportunities to early applicants — in some cases, full tuition scholarships are being handed out. [Law Admissions Lowdown / U.S. News]

* “Even innocent clients may not benefit from the fraud of their attorney.” Chevron Corp. has prevailed in a long-running environmental law case set in an Ecuadorian rainforest. Lawyers for the oil and gas company convinced the Second Circuit that an $8.65 billion judgment was obtained through attorney Steven Donziger’s bribery and fraud. [Reuters]

* The family of slain Florida State law professor Dan Markel has accepted a $40,000 settlement from the Consolidated Dispatch Agency in connection with a wrongful death case. Due to an “error by dispatchers,” it took approximately 19 minutes for ambulances to arrive at Markel’s home as he lay dying after being shot. [Tallahassee Democrat]

* This is why indebted law students can’t have nice things: while the American Bar Association may have changed its tune when it comes to law students earning pay for credit-bearing externships, it will allow law schools to be the ultimate arbiters on whether academic credit will still be offered for these job placements. [Law.com]

The professor needs to go back to school to learn this lesson.

* Judge Olu Stevens, who famously said he would not “check his First Amendment rights at the courthouse door,” will be dropping his suit against the Kentucky Judicial Conduct Commission. He remains charged with six counts of misconduct related to public comments made about the exclusion of black jurors. [WDRB] * Four partners from Cadwalader […]

* Using legal technology to help low-income Americans get legal services. [Law360]

* A legal analysis of the Donald Trump’s possible relationship with Russia that has sparked a lot of debate recently. [Lawfare]

* Miss South Dakota, a knife and fee sharing — this attorney suspension has everything but the kitchen sink. [Legal Profession Blog]

* The factors that undermine the reliability of drug field testing. [Katz Justice]

* New networking opportunity? [Law and More]

Attention, multinational corporations: when paying legal bills, make sure you know exactly what you're paying for.

Flying coffee and other deposition hazards they don't teach you in law school.

* Insiders claim Megyn Kelly has told stories of sexual harassment at the hands of Roger Ailes to attorneys from Paul, Weiss. No wonder it looks like Ailes is on his way out. [New York Magazine]

* Be careful you don’t accidentally tweet your political opinions from your employer’s Twitter account, especially if you work for the Department of Justice. [Gizmodo]

* 5 tips to rebound when your legal game is considered “has been.” [Law and More]

* Taking the New York bar? Do yourself a favor and minimize your stress on test day — order your lunch ahead of time. [Custom Gourmet NY]

* There’s going to be a new season of Making a Murderer. [Slate]

* Restrictions on reproductive freedom are more than just a political talking point, there are real women who have to make tough choices as a result of the burdensome laws. [Huffington Post]

* Law professor is after blood, or at least disbarment, over the prosecution of the Freddie Gray case. [Washington Post]

If you're still in the technological dark ages, beware: You face not just obsolescence, but also ethical rebuke.

Didn't think this could happen...

* In case you haven’t been keeping score like we have, these are the firms that recently raised salaries: Kaye Scholer, Lynn Pinker Cox & Hurst, and Kasowitz Benson. If you’re worried you’ve missed any of our coverage on pay raises, you can check out our omnibus 2016 salary chart where we collect these stories. [2016 Salary Increase / Above the Law]

* Brexit isn’t just the financial undoing of a nation anymore: Boston Beer, the brewer of Sam Adams Boston Lager, has filed an intent-to-use trademark application to turn Brexit into a hard cider made from apples sourced in the UK. Just close your eyes, think of England, and take a swig before the next time you look at your 401(k). [WSJ Law Blog]

* This term at the Supreme Court was a big letdown for conservatives. First, Justice Antonin Scalia passed away, and then the high court continued to shift leftwards, leading liberals to prevail in some of the Court’s most influential decisions, from affirmative action to abortion rights. Better luck next term, conservatives. [Washington Post]

* Even though the school has offered buyouts to all of its tenured faculty and laid off staff, Dean Andrea Lyon says the worst is over for Valparaiso Law. Meanwhile, the school’s former dean says it could close, but doesn’t think it’s likely. Right now, he’s more worried about whether Valpo’s former students will survive. [Indiana Lawyer]

* Trinity Western University may have to take its law school aspirations to the Supreme Court of Canada. As it stands, there are three provinces that refuse to accredit the law school based on the fact that students and staff must sign a discriminatory covenant to abstain from sexual activity unless it’s between husband and wife. [CBC News]

* Former TV Judge Joe Brown can no longer practice law in Tennessee because he’s been placed on disability inactive status. Brown had a petition for discipline filed against him this fall after an unseemly outburst in court, which he now blames on complications from diabetes medication, hypertension, and stress. Get well soon. [Commercial Appeal]

It doesn't take much to imagine this scenario going from the humorous to the tragic.

* New Mexico is totally cool with putting a bunch of restrictions on judges using social media. [New Mexico Appellate Law Blog]

* In the merger between LinkedIn and Microsoft, Wilson Sonsini (LinkedIn’s counsel) left their fingerprints all over the agreement. [Big Law Business]

* If the legislative body you’re a part of refuses to get down to business, I guess this is what you have to do. Rep. John Lewis is leading a sit-in on the House floor to force a vote on gun control. [Slate]

* Council on American-Islamic Relations Action Network might be held liable for someone pretending to be a lawyer. [Legal Profession Blog]

* Polygamous Mormon sect leader Lyle Jeffs is on the run, after being put on house arrest as he awaited trial for food-stamp fraud and money laundering. According to his half-brother, “Blame the judge for this. Everybody knew that he was going to do this. Everybody.” [Jezebel]

* Proposed law to stop the ‘Brock Turner Problem.’ [Huffington Post]

* ATL columnist Jeena Cho is featured in ALM’s “STEM Cells” series. [CodeX]

Pulling a gun seems like a reasonable response...