Top Ten Legal Ethics Stories of 2013
Legal Ethics Forum has posted its take on the top ten legal ethics stories of 2013. Among them: courts upholding the intra-firm attorney client privilege; the relaxation of rules against …
Drafting an Enforceable Lawyer-Client Arbitration Agreement
The United States Court of Appeals for the First Circuit recently enforced a lawyer-client arbitration agreement even though the agreement (1) failed to specify that malpractice claims were within …
Court-Ordered Sanctions Paid by Lawyer Are Not Deductible Business Expenses
The United States Tax Court ruled on December 17, 2013 that court-ordered sanctions paid by a lawyer to the clerk of court and to opposing counsel were not deductible business …
Florida Lawyers Challenge Constitutionality of Prohibition Against Use of Words “Specialize” and “Expertise”
Florida lawyers have filed suit in a Tallahassee federal court challenging the constitutionality of, among other new disciplinary rules, those that prohibit a lawyer from “stating or implying” that the …
Lawyer Suspended for Failing to Self-Report Disciplinary Violation
The Indiana Supreme Court recently suspended an Indianapolis lawyer for failing to notify disciplinary authorities that he had been convicted for driving while intoxicated. See In re Selig, No. 49S00-1305-DI-345 (Nov. 27, …
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 …