We’ve written before about “web bugs” — tracking devices consisting of an object embedded in a web page or e-mail, that unobtrusively (usually invisibly) reveal whether and how a user has accessed the content. Three jurisdictions (Alaska, New York and, most recently, Illinois) have issued opinions pointing to the ethics
Lie to the FTC? Don’t try it, warns agency blog post
Do lawyers need to be reminded not to lie to a federal agency?
As reported earlier this week on Law 360, the staff of the Federal Trade Commission has issued a wake-up call to lawyers who practice before the agency, warning them that intentionally misleading the Commission could lead to “public reprimands, sanctions and even
Arrest threat draws suspension for NY lawyer
A New York lawyer representing a landlord was suspended earlier this month for conduct that included threatening a tenant with arrest and telling him that he was worthless and should commit suicide.
In its opinion, the court found that the lawyer violated Rule 3.4(e) of the state’s Rules of Professional Conduct, which bars threatening
Congressman’s tweet about Michael Cohen draws FL disciplinary review
Do we ever take off our “lawyer hats”?
The question has been in the news because of a tweet by Rep. Matt Gaetz, who represents Florida’s first congressional district and is a member of the Florida bar. Pictured at the right, the tweet was directed at Michael Cohen, President Trump’s former attorney, the night before
Extortion or just negotiations? That slippery slope
Last week the media was abuzz with the allegations made against the National Enquirer by Jeff Bezos, the founder of Amazon and the owner of The Washington Post. The details in Bezos’ blog post about his ongoing dispute with the Enquirer and its publisher David Pecker are sensationalistic to say the least: the world’s richest
Client sanctioned for local counsel’s communication screw-up
Going abroad? Think that “national counsel” is going to take care of anything that comes up when you’re gone? Get swamped when you return and take “several weeks” to wade through the e-mail that piled up in your absence? If you’re local counsel, that might be a recipe for disaster — for your client —
Sex with client draws suspension; consent plays no part in analysis, Ohio court again says
The Ohio Supreme Court is continuing its trend of suspending lawyers who violate the disciplinary rule on sex with clients, and has again rejected arguments that pointed to the consensual nature of the relationship. In a recent opinion involving sex between criminal defense counsel and his client, the court characterized the lower disciplinary Board’s analysis
Cases underscore some pro hac vice ethics pitfalls
If you’re admitted to handle a case PHV, mind your P’s and Q’s.
Translation: Pro hac vice admission to practice before a court outside the state where you’re licensed requires attention to a range of ethics duties, and running afoul of them can have bad consequences. Two recent cases spotlight some of the issues.
We’re
Disbarment for anonymous on-line posts should “send a message,” says LA supreme court
Do we need another reminder about the perils of posting internet comments on cases and matters we are connected with? Apparently we do, and here’s a strong one. Earlier this month, an assistant U.S. attorney for the Eastern District of Louisiana was disbarred based on hundreds of comments he posted pseudonymously on the website of
No DQ for violation of no-contact rule, but notes of interview must be turned over, says district court
A federal district court refused last week to disqualify a Connecticut lawyer in a suit against Yale University, even though finding a violation of the state’s version of Model Rule 4.2, the “no contact rule.” Although ruling that disqualification was too extreme a sanction, the court ordered the turnover of interview notes from the