2021 was a whirlwind! Lawyers have had to be more flexible and resourceful than ever. It is the year that the ups and downs of the pandemic made it abundantly clear that this is more of a marathon than a sprint. While resilience can be invigorating, the challenges are ongoing. The stress of keeping up
Worker’s comp depo: Not the time to relax your ethical standards
A Florida lawyer violated the ethics rules by texting his witness during a deposition, the Florida Supreme Court recently held. The court imposed an even stiffer penalty than recommended.
Just the facts, ma’am
In January 2020, the Florida Bar filed its Complaint against the lawyer for conduct during a telephone deposition in a worker’s
Ethics rule violation relevant to trade practice claim against lawyer, FL district court rules
Can violating a legal ethics rule qualify as an unfair trade practice under a state’s consumer protection statute? A Florida district court recently said “Yes.” The question arose in motion practice over the admissibility of expert testimony in a timeshare-exit case.
And then there was one
A group of entities connected to Wyndham Vacation Resorts
“Pervasive incivility” and rule violations spell disbarment for D.C.-area lawyer
“Pervasive incivility” was part of a package of wrongdoing that resulted in disbarment for a D.C.-area lawyer last month. The case sheds light on the potential, and very real, downsides when lawyers depart from professional conduct ideals.
Client authority lacking
The lawyer was admitted in Maryland and D.C., as well as Virginia, and his troubles
Will contest brings disciplinary woe to SC lawyer
A ruling handed down last month by the South Carolina Supreme Court provides object lessons on several aspects of the lawyer discipline system and how to stay out of trouble. In its order and opinion, the court publicly reprimanded a lawyer who pursued a probate case all the way to the U.S. Supreme Court,
On-line review response by rogue consultant leads to suspension for OK lawyer
An Oklahoma lawyer was suspended last month for two years based on misconduct involving an unlawful response to a bad on-line review of the lawyer’s services. The disciplinary case is a lesson in being careful about who you’re dealing with when you hire a consultant, and also about not doubling down when confronted with a
Lawyer avoids 6th Circuit sanctions; stay-at-home order might have limited his access to record
The plaintiff’s lawyer in a slip-and-fall case got a pandemic-based pass from the Sixth Circuit Court of Appeals last week, avoiding sanctions that the defendant requested after the lawyer misstated the record. The lawyer had based the plaintiff’s appeal argument on an unsigned interrogatory answer that appeared only in a draft.
But the court in
Zoom-bombing at court hearing for accused Twitter hacker highlights duty of tech competence
The blogosphere lit up last week with news that a Florida state court bail hearing for an accused Twitter hacker had been disrupted by a pornographic Zoom-bomb that highjacked the proceedings and beamed sexual images onto viewers screens. (Some coverage here and here, but don’t worry, no pictures.) The seventeen-year-old defendant is accused of
Reminder from the bench: professionalism means not comparing opposing party to a buzzard or Porky Pig
We’ve written a lot over the past six years about the Rules of Professional Conduct, and for good reason. The lawyer conduct rules represent a floor: when your conduct sinks below the floor, you can merit professional discipline. But there are other norms and mores in our legal community, namely standards of professionalism. As the
Screen-surveillance not required for remote depo, SDNY says, but sets other limits
If you’re a litigator, you may have already experienced the brave new world of remote videoconference depositions. If you haven’t yet you will, and when you do, you may have to think about what opportunities for misconduct arise when you aren’t in the room with the witness. If you’re not there to watch, can the