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Category: Recent Cases

Book / FAQs / Recent Cases

Does the presence of a third party waive the lawyer-client privilege?

The lawyer-client privilege is one of the oldest and most important privileges of confidential communications in our judicial system. See Upjohn Co. v. United States, 449 U.S. 383, 389 (1981). …

Discipline / Professionalism / Recent Cases

California Judge Orders New Trial After Lawyer’s Bragging Session Caught on Tape

Lawyers boast about their success rates.1 You see it everywhere. From billboards to courthouse conversations, lawyers like to talk about their wins. Such self-congratulatory chatter may be irritating, but usually …

FAQs / Louisiana Cases

May a Louisiana Lawyer Sign Another Lawyer’s Name on a Pleading?

Yes, a Louisiana lawyer may sign another lawyer’s name on a pleading with the permission of that lawyer. See La. Civ. Code art. 2989. A Louisiana lawyer may not, however, sign another …

Recent Cases

New York Court Ruling Prohibits Enforcement of UPL Rules For Certain Non-Lawyers Providing Legal Advice

On May 24, 2022, a New York federal district court issued a preliminary injunction banning the Attorney General from enforcing the unauthorized practice of law rules against non-lawyers who seek …

Discipline / Recent Cases

Lawyer’s Alcohol-Related Criticism of Judge Draws Stayed Suspension

On April 14, 2022, the Ohio Supreme Court suspended a lawyer for six-months, entirely deferred, for publicly criticizing a judge after consuming alcohol at a bar association event: Bahan and …

Discipline / Judicial Ethics / Louisiana Cases / Recent Cases

Judge Disciplined for Sending Ex Parte Facebook Messages to Party in Case Pending Before Him

The Louisiana Supreme Court suspended a Denham Springs judge for four months for engaging in ex parte communications via Facebook Messenger with a party in a case pending before him …

Discipline / Judicial Ethics / Louisiana Cases

Louisiana Supreme Court Permits Baton Rouge Judge to Remain On Bench Despite Age-Limit Dispute

On January 28, 2022, the Louisiana Supreme Court held in a 4-3 split decision that a city judge could remain in office despite exceeding the age limit set by the …

Louisiana Cases

Sloppy Arbitration Clauses are Unenforceable

On December 30, 2021, the Louisiana First Circuit Court of Appeals refused to enforce a lawyer-client arbitration clause because the lawyer failed to explain to the client “the consequences of …

Discipline / Louisiana Cases / Recent Cases

Louisiana Supreme Court Publicly Disciplines Louisiana Lawyers for Failing to Pre-File Advertisements with the LSBA

Louisiana lawyers who advertise have long faced scrutiny from the Louisiana legislature, the Louisiana Supreme Court, the Office of Disciplinary Counsel, and the Louisiana State Bar Association. But this year …

Practice Tips and Aids / Recent Cases

Bad Billing: Lawyer Breaches Fiduciary Duty By Failing To Bill In Accordance With Provisions of The Fee Agreement

On November 12, 2021, the Tennessee Court of Appeals held that a lawyer breached his fiduciary duty to his client by failing to bill in accordance with the provisions of …

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