Judicial Recusal for Activities of a Spouse
Many married couples exemplify the adage “what’s mine is yours, and what’s yours is mine.” It’s an expression of generosity meaning that things belong to both parties equally and that …
United States Supreme Court Dismisses Appeal In In re Grand Jury
On January 23, 2023, the United States Supreme Court dismissed as improvidently granted (“DIG”) the appeal in In re Grand Jury, Docket No. 21-1397. The appeal presented the issue of …
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). …
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 …
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 …
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 …
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 …
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 …
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 …
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 …