As widely reported in the news, the Seventh Circuit Court of Appeals last month harshly rebuked an Illinois lawyer for submitting a rambling 86-page appellate brief that the court said was “incoherent” and “gibberish.” Quotes from the brief indeed made it appear deficient. (One section, said the court, consisted solely of the heading “GAMESMANSHIP” and
Lawyers can represent cannabis clients and still comply with state rules, NY ethics opinion says
Last month, the New York State Bar Association Committee on Professional Ethics issued Opinion 1177, reaffirming that the New York Rules of Professional Conduct “permit a lawyer to assist a client in conduct designed to comply with state medical marijuana law,” even though the client’s conduct is prohibited by federal narcotics laws.
Reaffirming an
Can your client pay with Bitcoin? Ethics issues to consider
Bitcoin has come a long way since 2010 when Laszlo Hanyecz made the first Bitcoin purchase by paying 10,000 Bitcoins for two Papa John’s pizzas – a pizza order that today would have been worth over $80 million.
In addition to the pizza giant, some law firms are now accepting cryptocurrencies in exchange for legal
Massage parlor sale results in DQ for lawyer and points to lessons on former clients
A New Jersey lawyer’s involvement in the sale of a massage parlor rubbed the district court the wrong way and resulted in his disqualification from a later suit over the transaction. In its opinion last month, the court ruled that the buyer was the lawyer’s former client, and that the earlier work on the sale
Dealing with an impaired lawyer: D.C. identifies ethics duties
It’s no secret that lawyers struggle at disproportionate rates with mental-health and substance-abuse issues. The National Task Force on Lawyer Well-Being reported in 2017 that in a study of 13,000 practicing lawyers, 28 percent struggled with depression; 19 percent struggled with anxiety; and between 21 and 36 percent qualified as “problem drinkers.” Most at risk
Can a law firm be on both sides as an amicus curiae? New York weighs in
It’s been dubbed “the Amicus Machine” — the seemingly limitless wave of amicus curiae filings in the nation’s highest court. Statistics from the Supreme Court’s 2017-18 term reflect amicus briefs filed in every one of the 63 argued cases, averaging 14+ briefs per case. For the current term, it is reported that groups have already
ABA opinion on judges and recusal based on personal relationships leaves some open questions
Can we be Facebook friends? That’s one question left open by the ABA earlier this month in Formal Opinion 488, on the subject of judges’ personal relationships with lawyers as grounds for disqualification. While spotlighting judicial ethics duties in maintaining impartiality, the opinion fails to provide some needed guidance on social media relationships.
Model
Practicing without a license is a license to lose your practice, says Ohio court
The practice of law comes in many forms and sizes. It may include giving advice about a legal right, representing a client in a legal proceeding, preparing legal documents, and negotiating on a client’s behalf. Yet what all these acts have in common is that you must have state authorization to so act. You face
No DQ for company exec-turned-lawyer; “playbook” theory doesn’t play
The California court of appeals has denied a bid by an employment discrimination defendant to disqualify the plaintiff’s legal team. The name partner in the law firm representing the plaintiff was formerly the employer’s chief operating officer — but the court rejected the assertion that his firm should be disqualified merely based on his knowledge
Do we need a new “data-breach privilege”? Thoughts on the Sedona Conference proposal
The outlines of the attorney-client privilege and work-product doctrine are well-established. But how should they apply when an organizational client suffers a cybersecurity event or other intrusion that results in a data breach? Should information about the company’s security policies pre-breach and its post-breach response be given any enhanced protection? Under what circumstances?
The questions