Sanctions have long been available under federal statute for “multiply[ing] the proceedings in any case unreasonably and vexatiously.” Entitled “Counsel’s Liability for Excessive Costs,” 28 U.S.C. § 1927 is a short and seemingly straightforward provision that applies to “[a]ny attorney or other person admitted to conduct cases in any court of the United States…” and
Deposition frustration: Thoughts on sanctioning lawyers for misconduct
The Eighth Circuit got it wrong a couple weeks ago when it reversed the sanction that a district court had imposed on a lawyer for disruptive deposition conduct.
I have over 35 years of experience as a trial lawyer. One of the biggest frustrations in that practice over the years has always been opposing counsel
Billing follies — what not to do
This week’s not-to-be-missed article on lawyer folly is a jaw dropping round-up of bad billing conduct, as reported in the American Lawyer.
It’s well-known that every jurisdiction’s version of Model Rule 1.5 prohibits charging an unreasonable fee or an unreasonable amount for expenses. So what could lawyers have been thinking when they did things
Threat to file disciplinary complaint can backfire
We’ve all been there. Opposing counsel has acted like a jerk throughout your case. But now, counsel has crossed the line with conduct that you think is not merely uncooperative or dilatory, but also unethical.
Thinking of telling your opponent that you’re going to file a complaint with disciplinary authorities about that unethical conduct?
“Sex addiction” not a mitigating factor in discipline: Ohio court
A divided Ohio Supreme Court last week suspended a lawyer for two years, with six months stayed, based on his sexual relationships with four clients.
Ohio’s Rule 1.8(j), like Model Rule 1.8(j),bars sex with clients unless a consensual sexual relationship pre-existed the client relationship. (The Ohio rule extends to soliciting or engaging
Avoiding disciplinary complaints: 3 things you can do
Over at the Legal Profession Blog, Prof. Mike Frisch, of Georgetown Law Center, has posted a good list of ways to stay out of ethics trouble and avoid disciplinary complaints. Several of his points resonated with me — part of my work in “Ethics World” involves dealing with bar grievances filed against lawyers, and
“Better Call Saul” has legal ethics chops
Summer can sometimes bring a slight break in a lawyer’s hectic schedule — making it a good time to catch up on TV shows you might have missed while you were doing that deal or briefing that motion for summary judgment over the winter.
I’ve recently been enjoying (read binge-watching) Better Call Saul — it’s
Duty of competence includes “reasonable diligence” in not falling for Internet scams, opinion holds
One of your ethical duties with respect to an Internet scam is to not fall for it, the Association of the Bar of the City of New York Committee on Professional Ethics has said in a new opinion.
Competent? Don’t fall for Nigerian check scam
The Committee considered the ethics rules that apply to
Florida lawyers face disciplinary charges after representing “Bubba the Love Sponge Clem”
Sometimes our lessons come in more bizarre ways than others. As reported by Law360 last week (subscription required), three Florida lawyers were charged by disciplinary authorities over a January 2013 incident involving the firm’s paralegal. The three lawyers were defending defamation claims against their client, who was a local radio talk show host known as
Ethics class ordered for tired attorney who made improper closing argument
We’ve posted here before about interesting sanctions that courts have ordered for lawyer misconduct. Here’s another one, in a case very recently tried to a jury verdict in the Eastern District of Louisiana.
In Kuran David v. Signal Int’l, LLC, plaintiffs were Indian guest workers who alleged that they were falsely promised green cards