In the law school legal ethics course I teach, we study a classic disciplinary case in which a lawyer concealed the fact of his client’s death – dodging interrogatories and an independent medical exam (!), and telling an arbitration panel the client was “unavailable” – all in aid of negotiating a more favorable settlement. My
If you’re thinking of giving money to a client — think again
No matter how much empathy you feel for a client with financial woes, giving a litigation client money generally violates your state’s version of Model Rule 1.8(e). The rule provides that the only financial assistance you may give a client in connection with pending or contemplated litigation is: (1) to advance litigation expenses and
Sticks and stones? Censure recommended for discourtesy, prosecution threats
“Sticks and stones may break my bones, but names will never hurt me.” That may or may not be true, depending on who you ask.
We should take note of that adage when dealing with adversaries who really get under our skin. Virtually all lawyers send snarky e-mails and missives now and then. But in
Non-compete agreement brings reprimand
Here’s a reminder that when it comes to running a law business, the ethics rules limit the ability to restrict competition.
The Indiana Supreme Court recently issued a public reprimand to a lawyer who violated the state’s version of Model Rule 5.6(a), which bars employment agreements restricting a lawyer’s right to practice after termination.
No free speech right to impugn judge’s integrity absent objectively reasonable basis, court holds
The First Amendment does not protect a lawyer who disparages the integrity of a judicial officer without an “objectively reasonable factual basis,” the West Virginia Supreme Court of Appeals recently held in Lawyer Disciplinary Board v. Hall.
The lawyer was an officer in his mother’s beauty academy business; he defended the company against a
Lack of privity sinks fiancée’s suit against divorce lawyer
After winning more than $250,000 at trial, the fiancée of a deceased postal worker came up short in the District of Columbia Court of Appeals based on lack of privity between her and the lawyers who mishandled the decedent’s divorce.
In Scott v. Burgin, the fiancée and the decedent had lived together for years,
Lawyer who obstructed deposition questions must make educational video
Here’s a cautionary tale about the line between vigorous advocacy and obstructionist conduct during discovery, and particularly at depositions.
A federal district court judge has administered an embarrassing bench-slap to a lawyer from a top-tier firm, requiring her to make a video about proper discovery procedures and to provide it to her firm’s litigators. The