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Seventh Circuit Sets Standard for Denying Class Certification Based on...
A recent Seventh Circuit opinion indicates that plaintiffs' counsel in a class action suit that engages in misconduct will not likely be able to adequately represent the class. In Creative Montessori...
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Learning to be a Lawyer from a Lawyer: The Benefits of Adjunct Faculty
An issue that has recently flooded the pages of the New York Times is the rapidly increasing cost of attending law school, despite the economic climate this country is currently experiencing. Law...
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CHAMBER OF COMMERCE STUDY FINDS DECEPTIVE ONLINE MARKETING BY PLAINTIFFS’ BAR
Many people will not be shocked by the title of this post. However, a new report issued by an advocacy group for the U.S. Chamber of Commerce was recently released that was entitled, “The Plaintiffs’...
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The Pro Bono Call of Professionalism
Not too long ago, I accepted a pro bono case in which I agreed to represent a woman who was seeking a domestic abuse order for protection. I accepted the representation on a Friday and the hearing was...
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May 1 is Law Day
I often find it curious that Law Day falls on May 1st. Growing up, May 1st was always the day the news carried pictures of over the top parades in Red Square in Moscow where the USSR would display its...
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ATTORNEY’S “MEETINGS” WITH INMATES LANDS ATTORNEY IN JAIL
Bad lawyers’ jokes aside, most of us do not encounter blatantly unethical and/or unprofessional attorneys in the course of our practice and are fortunately left wondering where the basis for these...
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Malpractice vs. Misconduct
Suppose your client, a lawyer, has been sued for malpractice. Could the alleged malpractice be a basis for discipline? Alternatively, is a disciplinary complaint likely to give rise to a malpractice...
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Professionals Sued For Expert Witness Work: When Does Witness Immunity Apply?
In addition to their work for their own clients in their own areas of expertise, some professionals also serve as expert witnesses in litigation. They employ their knowledge and experience in their...
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Rule 5.5 ABA Model Rules of Professional Conduct
In the upcoming Annual Meeting of the ABA, the Commission of Ethics 20/20 will consider amending Model Rule 5.5, which addresses unauthorized practice of law issues. Of particular concern is the issue...
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Don't Squander Your Unearned Reputation For Honesty
It is simply too easy for lawyers to quickly lose credibility within the bar and before the judiciary. It seems we've already lost this battle with much of the public, but within the profession I like...
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Disclosing Client Information When Moving from One Firm to Another: Ethical?
As reported by InsideCounsel, the American Bar Association House of Delegates (“ABAHD”) recently approved an amended model rule stating that it is ethical for lawyers to disclose client information...
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Ethics 20/20: The Impact of Technology
Every day, we see the impact of technology on the practice of law. Blogs, social networking, electronically stored information, and other legal resources create enormous economies and unprecedented...
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Thirty-Six Million Have Participated in Class Actions and It’s Not for the Money
An astounding four out of ten Americans have been invited to participate in a class action suit. Fifteen percent, the equivalent of 36 million people, actually participated in one, and most do not...
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Ethics Experts Question Bank of America’s Request for Legal Fee Credit
Bank of America’s new plan to seek reductions in its legal fees from certain outside law firms have some experts questioning the ethics of this unusual practice. The bank is seeking a credit on its...
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Be Careful What You Wish For: Interesting Article On Efforts To “Punish”...
Terry Baynes of Thomson Reuters has an interesting article on efforts by a few plaintiffs’ attorneys to “crowd source” consumer arbitration claims. The effort arises out of the Supreme Court’s...
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Tips for Protecting Attorney-Witness Conferences During Deposition Breaks
It is a deposition question that too often surprises lawyers and corporate-witness deponents. Upon return from a water or lunch recess, the deposing lawyer asks the witness: “So, tell me what you and...
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Former Federal Prosecutor to Open Yet Another Litigation Financing Firm
The growing industry of litigation funding will be expanding further very soon. Reuters reported last week that well known former federal prosecutor Andrew Stolper of Santa Ana, California, will open...
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ABA v. NSA: An Unhelpful Exchange
The Edward Snowden scandal brought to light evidence that the National Security Agency obtained information from foreign intelligence services, which included privileged attorney-client communications...
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The Ethics of Representing the Unpopular Client
According to this April 13, 2014 article on Forbes.com, a prominent U.S. law firm has come under fire for agreeing to represent very unpopular clients. The suit, brought on behalf of two California...
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"Curiouser and Curiouser"
Or so said Alice in Wonderland when she was "so much surprised, that for the moment she forgot how to speak good English". I had much the same reaction when I read brand new Texas Formal Ethics Op 642...
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