Stephen Gillers

Last month, Grantland published a story that led to great harrumphing across much of the internet. Titled “Dr. V’s Magical Putter,” it profiled a golf-club inventor whose big secret — that she was transgender — was revealed slowly, teased until the end like a mystery novel. The eponymous inventor’s death was treated as a mere plot point, puzzled over like everything else about the woman’s life. If you haven’t read the piece yet, I heartily encourage you to do so. I’ll wait.

This weekend, the New York Times published a story that will likely lead to very little harrumphing. This story, the profile of a transgender attorney who represents terror suspects, was written not as thrill-packed pulp fiction, but rather as the sober account of a ballsy attorney who deserves our approbation. If you’ll excuse that last sentence’s shameful bit of wordplay clowning, I promise you the rest of this post will be wholly serious. Because the New York Times story is important both for what it says about a life lived honestly and for what it says about the progress we’ve made in accepting such honesty.

So now, let us name all the interesting things about attorney Zoë J. Dolan. I mean, besides the umlaut….

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Would you believe a state supreme court justice received a $50,000 trip to Italy from a lawyer who routinely appears before the court representing major clients?

Oh, it happened. And it could be happening a lot more often than you’d think because most states make it exceedingly difficult to discover. Every now and again someone will do important work pointing out that electing judges in an era of unfettered campaign contributions poses a significant risk to judicial integrity, and everyone will cluck their tongues, stroke their beards and wonder, “What’s to be done with this state court system?” A new study goes further and looks at the financial wheelings and dealings — and the lack of oversight they receive — of judges outside of election season.

How does your state court system fare?

Spoiler alert: Badly…

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Stephen Gillers

The lawsuit is doomed. The antitrust argument seems to be that the A.B.A. is limiting the number of law schools. But there are 200 A.B.A.-approved law schools, so if the council’s secret agenda is to limit competition, it’s doing a lousy job.

Stephen Gillers, New York University law professor and legal ethics expert, commenting on Duncan Law’s chances of prevailing in its antitrust lawsuit against the ABA.


A wise man once said: “There, but for the grace of God, go I.”

I think of this whenever there are claims of attorneys royally screwing up e-discovery. It’s easy to indulge in some schadenfreude and say, “What suckers!” But truthfully, many firms — even the big, prestigious ones — are more vulnerable than they’d like to admit.

This month, McDermott Will & Emery ended up in the bright, unpleasant spotlight, because a former client sued the firm for malpractice.

Why, you might ask? The firm allegedly botched a client’s e-discovery.

Keep reading to see how the Am Law 100 firm became the e-discovery dunce du jour….

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