Don’t Play This Misidentification Game During Trial
The Colorado Supreme Court suspended a criminal defense lawyer for a “fraud upon the court” committed by arranging what she hoped would be a witness misidentification of her client during …
The Sound of One Hand Clapping: Why a Lawyer Without a Client Can’t Engage in the Unauthorized Practice of Law
One of my former students has asked me for help with a disciplinary complaint arising out of answers to questions that he posted a few months ago on the Internet …
Criminal Defense Lawyer Files Request to Be Called “Defender of the Innocent” Instead of “Lawyer”
In response to a state motion to ban the use of the word “government” during a criminal trial, Tennessee criminal defense lawyer Drew Justice filed a response in which he …
Lawyer Can’t Use Non-Compliance with Fee-Sharing Rules as Shield in Litigation with Co-Counsel
A Nevada federal district court refused to dismiss a lawyer’s breach of contract claim against another lawyer for their failure to comply with the fee-sharing provisions of Rule 1.5(e). See Grasso v. …
Fifth Circuit Boots Defamation Suit by Lawyers Against Litigation Support Specialists Who Claimed to Have “Kicked Ass”
In Herman v. Cataphora, Inc., the United States Court of Appeals for the Fifth Circuit dismissed a defamation claim brought by New Orleans lawyer Russ M. Herman and Philadelphia lawyer Arnold Levin …
A Judge’s Kind Words About a Lawyer Can’t Be Quoted Out of Context
A New Jersey federal district court recently refused to strike down a state advertising rule prohibiting a lawyer from selectively quoting a judge’s laudatory comments about a lawyer. In Dwyer …
Yelp Sues Lawyer for Posting Fake On-Line Reviews
Rule 7.2 contains the most fundamental principle governing lawyer advertising: a lawyer may not make a “false or misleading” statement about the lawyer’s services. A California lawyer is facing a …
BP Deepwater Horizon Ethical Issues: A Televised Discussion
For a sometimes heated discussion of the legal (and moral) ethical issues presented by the BP Deepwater Horizon settlement, see the embedded video below, or click here: WLAE Discussion on …
Federal Prosecutorial Misconduct Leads to New Trial in NOPD Danziger Bridge Shooting Case
In an astonishing 129-page opinion, Judge Kurt D. Engelhardt of the United States District Court for the Eastern District of Louisiana granted a new trial to five former New Orleans …
Why Lawyers Should Stop Worrying About Using Public Wi-Fi
Rule 1.6 of course requires a lawyer to maintain the confidentiality of client information. But does it require a lawyer who digitally stores and communicates information to use über-security measures like encryption or …