The Ethical Pitfalls of “Reply to All”


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Embarrassment is often a person’s first reaction after hitting “reply to all” when sending an email that required only a “reply.”1 If the email was inappropriate, the sender suffers, at …

Is it Worse to Call Opposing Counsel a “Slut” or a “Slug”?


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An odd question, but one that a New York court recently considered in a lawyer disciplinary proceeding. See In re Eliot Bloom, No. 2017-11411 (N.Y. App. Div. Dec. 18 2019).1 …

Is Sexting “Sex”?


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No, according to the Supreme Court of Appeals of West Virginia. See Lawyer Disciplinary Board v. Sayre, No. 18-0617 (W. Va. Oct. 24, 2019).1 ABA Model Rule of Professional Conduct …

Lawyer Sanctioned for Frivolous Lawsuit Seeking Dignity for Goats


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On December 9, 2019, the United States Court of Appeals for the Federal Circuit sanctioned lawyer/litigant Todd C. Bank1 for filing a frivolous pro se action to cancel the trademark …

Judge Expressly Orders Lawyer to Violate Rules of Professional Conduct


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It is not uncommon for public defenders in Louisiana to complain that being forced to handle an excessive criminal-defense caseload violates Louisiana Rule of Professional Conduct 1.1. That rule requires …

May a Lawyer Use a Client’s Name in Advertisements?


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Yes, but only with permission. The Supreme Court of South Carolina recently added a new comment to the the state’s rules of professional conduct “reminding lawyers that Rule 1.6 requires …