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    News and Articles on Legal Ethics



    Rothsteins attorney denies retainer  Nov 11, 2009
    Brian Tannebaum, an attorney who specializes in legal ethics and professional malpractice cases, said he knows Nurik and is confident the white-collar criminal defense attorney has protected himself. Could Nurik be asked to testify against Scott. (South Florida Business Journal, FL)

    Bear Stearns Managers' Acquittal May Hamper Other U.S. Fraud Prosecutions  Nov 11, 2009
    You have to show a personal benefit from the transactions, or a lie to convince a jury, and the government didnt succeed with Cioffi and Tannin, said , a legal ethics professor at Wayne State University Law School in Detroit and a former federal prosecutor. Impending Collapse. (Bloomberg)

    You and the Law: Having a lawyer on a monthly retainer  Nov 10, 2009
    Olson is viewed as one of the nation's foremost experts on legal ethics and excessive litigation. "Lawyers should not take money if they have not really done work," he maintains. (Hanford Sentinal, CA)

    Ropes & Gray's Cutillo, Patent Lawyer, Accused of Fueling Insider Trading  Nov 6, 2009
    Thats the ultimate betrayal of trust, said , a legal ethics professor at Wayne State University Law School in Detroit and a former federal prosecutor ... If it happened, there couldnt be any clearer violation of legal ethics rules. (Bloomberg)

    Rule states path Pennoyer must follow  Nov 5, 2009
    It states, on Oct. 8, the Legal Ethics Counsel sent a copy of a letter to Pennoyer noting the fact that no answer had been filed and advising this matter was ready for filing with the Court. Since he did not respond, Pennoyer was disbarred by default on Oct. 23. (Park Hills Daily Journal, MO)

    Complaints against judges turn into lengthy probes  Nov 1, 2009
    Because the majority of the commission s work is secret, it s impossible for the public to assess how well it protects citizens from judges who disregard legal ethics or the law. Complaints are confidential. (Atlanta Journal-Constitution -- Metro)

    Celebrity Extortion and the Press  Nov 1, 2009
    Setting aside the technical aspects, did counsel's tactical use of the press to attempt to undercut Letterman's credibility violate legal ethics. Advertisement. (Law.com)

    Commentary: Celebrity Extortion and the Press  Oct 31, 2009
    Setting aside the technical aspects, did counsel's tactical use of the press to attempt to undercut Letterman's credibility violate legal ethics ... It is hard to see how these vague statements to the press would violate legal ethics by having a "substantial likelihood" of "materially prejudicing an adjudicative proceeding in the matter" as sanctioned by the Trial Publicity Rule 3 ... It hardly seems fair, or just, for legal ethics to immunize Letterman against any refutation in the press of his... (Law.com)

    5th Circuit Decides Disqualification Case Involving Departing-Lawyer Rule  Oct 31, 2009
    Several legal ethics experts have said that a ruling to the contrary would have been a disaster for the legal profession in Texas and for any lawyer who has left one firm to go to work for another. Kirk A. Kennedy and Mark A. D'Andrea v. Mindprint Inc. involved a case in which former senior counsel Kirk Kennedy was disqualified by a U.S. Bankruptcy Court judge from representing a client in a case in which Jackson Walker represented an adverse party. (Law.com)

    Disbarment stems from client complaint  Oct 30, 2009
    It states, on Oct. 8, the Legal Ethics Counsel sent a copy of a letter to Pennoyer noting the fact that no answer had been filed and advising this matter was ready for filing with the Court. According to a Missouri Supreme Court order, the Farmington attorney was disbarred by default on Friday. (Park Hills Daily Journal, MO)

    Kohring sues his lawyer  Oct 24, 2009
    Anchorage Daily News. Daylight : 9:06 AM - 6:21 PM. (Anchorage Daily News)

    5th Circuit to Interpret Departing-Lawyer Rule  Oct 17, 2009
    Three legal ethics experts say the decision in the conflict-of-interest case is important to lawyers who work in firms with hundreds of clients. Should the 5th Circuit uphold lower court rulings in the case, a lawyer who leaves a firm could be prevented from ever representing a party that is adverse to a client of his former firm -- even if the attorney had no contact with the client while he worked there, the experts say. (Law.com)

    Water judge way out of line  Oct 8, 2009
    Whatever the reason, for a judge to publicly reprimand a state for doing what common sense and proper legal ethics and practice require that is, to appeal an adverse ruling shows quiteclearly that Judge Magnuson is not serving the people or the bench of which he is a part,in a manner consistent with sound and proper jurisprudence. 51 comments. (Atlanta Journal-Constitution -- Opinion)

    * ANALYSIS: Chens case highlights judicial shortcomings  Sep 22, 2009
    Shilin District Court Judge Hung Ying-hua (x^) criticized procedural aspects of the trial and was quickly shot down by President Ma Ying-jeou (^E), who reportedly dismissed her criticism as a violation of legal ethics. Minister of Justice Wang Ching-feng (Mp) said it was up to the Judicial Yuan to decide whether Hungs outspokenness was appropriate. (Taipei Times, Taiwan -- World Business)

    A legal battle: Online attitude vs. rules of bar  Sep 14, 2009
    "When you become an officer of the court, you lose the full ability to criticize the court," said Michael Downey, who teaches legal ethics at the Washington University law school. And with thousands of blogs and so many lawyers online, legal ethics experts say that collisions between the freewheeling ways of the Internet and the tight boundaries of legal discourse are inevitable -- whether they result in damaged careers or simply raise eyebrows ... Stephen Gillers, an expert on legal ethics at... (Honolulu Star-Bulletin)

    Dismissed marijuana charge raises judge’s ire  Sep 12, 2009
    Arnold R. Rosenfeld, the former head of the state public defender agency who teaches legal ethics at the Boston University School of Law and Northeastern School of Law, said a variety of factors might have caused Loucks to drop the case against Sullivan and not those against the other three defendants, including varying criminal histories. Jeanne M. Kempthorne, a Salem defense lawyer and former longtime federal prosecutor, said it was perfectly legitimate for prosecutors to weigh the potential... (Boston Globe)

    Did Bank of America Waive Attorney-Client Privilege in Merrill Bonus Flap?  Aug 26, 2009
    That makes it clear that the banks have likely waived attorney-client privilege in their dealings with the SEC, according to Gillers and Susan Martyn, a legal ethics expert at the University of Toledo College of Law. The SEC, if they wanted to, could get its hands on all sorts of communications between the banks and their law firms, Gillers says. (Law.com)

    Silly, Baseless Lawsuits  Aug 22, 2009
    He is a frequent commentator and lecturer on criminal law and legal ethics. He can be reached at jcohen@stroock. (Law.com)

    SmartPros Reports Second Quarter 2009 Financial Results  Aug 12, 2009
    "market" : {"NAME" : "U.S.", "ID" : "us_market", "TZ" : "ET", "TZOFFSET" : "-14400", "open" : "1250083822", "close" : "1250107222", "flags" : {}} , "STREAMER_SERVER" : "http://streamerapi.finance.yahoo.com","arrowAsChangeSign" : false,"throttleInterval": "1000". Search for share prices. (Primezone Releases)

    Should Ted Olson Argue in High Court Campaign Finance Case?  Jul 25, 2009
    Legal ethics expert is unsettled by Olson's role, mainly because of the special status of solicitors general. Lubet stresses that there is no ethical bar against a lawyer changing sides, so to speak, in successive cases. (Law.com)

    Judge: Prosecutor's Lie Will Not Derail Indictment Against Defense Attorney  Jul 18, 2009
    criminal defense lawyer is raising a host of legal ethics questions for both sides of the bar. A pretrial hearing last week explored. (Law.com)

    Lawyers Defend Fees in 'Theft by Receiving' Case  Jul 15, 2009
    Fascinating questions of legal ethics stem from the prosecution of two Carrollton, Ga. lawyers accused of stealing cash and property from a murder victim's estate by accepting $75,000 from their client, the victim's wife who pleaded guilty to planning the killing. (Law.com)

    Cuomo Recused Himself in Money Manager Case Linked to Pension Fund Scandal  Jun 25, 2009
    who teaches legal ethics at Wayne State University Law School in Detroit said the Cohen letter, sent in Cuomos name, itself calls into question the attorney generals involvement because of its disclosure about EnTrust and Morris. Youre not even supposed to give him an update, Henning said about recusals. (Bloomberg)

    Should Twittering Jurors Know Better?  Jun 20, 2009
    In 1771, John Adams taught us it is "not only [the juror's] right, but his duty, in that case, If the conscience of the jury is to remain the putative yardstick of justice, the voir dire process must include instruction on the non-disclosure rule as it applies to nascent technologies. Jurors are not expected to know the Federal Rules of Evidence; indeed, anyone too familiar with the law will likely get screened from a venire. Judges should also instruct the empanelled jury on why legal rules... (Law.com)

    Do Bailout Firms Have a Conflict of Interest?  May 30, 2009
    But a legal ethics expert contacted by The Am Law Daily says that despite the strict conflicts rules in the Treasury contracts, the sheer size of the U.S. government likely gives Squire Sanders some leeway in taking on both engagements. "If the United States were a private company, and the firm was opposing the [U.S.] in court while doing transactional work for the U.S. as a private company, then it would surely be a conflict," says professor Stephen Gillers. (Law.com)

    10 Questions For a Supreme Court Nominee  May 27, 2009
    Do you agree that a senator should vote nay on any nominee who, outside of narrow legitimate legal ethics bases, refuses to answer questions about the nominee s philosophy, ideology and record. 4. (Human Events Online)

    New Restrictions on Club Memberships for Federal Judges  May 14, 2009
    The that legal ethics experts as well as Sen. John Kyl, R-Ariz. (Law.com)

    Coleman appeal to test court that shuns  Apr 20, 2009
    Some election law and legal ethics scholars agree. It shouldn t matter at all. (Winona Daily News, MN)

    Lawyering 101 a Course Requirement for Prosecutors: Ann Woolner  Apr 17, 2009
    Beyond the simple morality of this lesson, besides the fact that legal ethics demand it, theres a practical consideration, too. If you break the rules, you could lose the conviction. (Bloomberg -- Columnists)

    U.S. institute names 99 top ethical companies  Apr 13, 2009
    Mon Apr 13, 12:24 am ET. NEW YORK (Reuters) The Ethisphere Institute on Monday named 99 companies it says are the world's most ethical, its third annual listing designed to encourage ethical practices within the global business community. (Yahoo News -- Top Stories)

    New York City  Apr 2, 2009
    Garrard was a legal ethics assistant at International Paper in Memphis, Tennessee until three months ago, when her company announced extensive layoffs. Memphis is a small city and none of the major corporations were hiring, so Garrard picked up for New York, where she thought the opportunities would be "well, not plentiful, but at least they would exist." She attended a job fair earlier in the day, but it just depressed her. (Time.com)

    Sierra Leone: Taylor Supported RUF, Says Defence Lawyer  Apr 2, 2009
    Concord Times (Freetown). Freetown Lead defense counsel for former Liberia president Charles Taylor has revealed in Freetown that his client indeed supported Foday Sankoh and the Revolutionary United Front (RUF) in their rebellion in Sierra Leone but only for 18 months. (allAfrica.com)

    Wash. Supreme Court Justice May Benefit From Own Ruling  Mar 11, 2009
    Steven Lubet, a Northwestern University law professor and co-author of "Judicial Conduct and Ethics," and Stephen Gillers, a New York University Law School legal ethics professor, told the Seattle Post-Intelligencer that Sanders probably should have withdrawn from the case over public record withholding penalties because of similarities to his own lawsuit. "You shouldn't act as a judge if you stand to benefit from your own ruling," Lubet said. (Law.com)

    I-Team: New Twist in Alleged Corruption Case  Mar 5, 2009
    Boyd Law School legal ethics expert Nancy Rapaport says the whole thing is very unusual, including the fact that Hunterton's letter was sent to the judge privately, instead of being filed in court. She thinks Hunterton has a point, "If a judge is going to be a fact witness in a case against a lawyer, then the judge can't hear a case in which the lawyer appears in front of her because that would create a conflict at that time. I guess if you wanted to set up a way to get a judge off a case, it's... (KLAS-TV.com, NV)

    Lessons From the Stanford Scandal: Bring Your Own Lawyer  Mar 4, 2009
    "It's not an obvious distinction for layperson to make -- this idea that the lawyer is representing you only insofar as you are an official of the company," says , a legal ethics expert and a professor at. "Which is why very often the witness need separate counsel.". (Law.com)

    WVa case focuses on campaign cash and impartiality  Mar 2, 2009
    Legal ethics experts have faulted Benjamin for failing to remove himself. But some also question whether the U.S. justices can craft a ruling that makes clear when campaign support requires a judge to step aside. (FOX19.com, OH)

    Supreme Court tackles campaign case  Mar 2, 2009
    Legal ethics experts have faulted Benjamin for failing to remove himself from the case. Some also question whether the US justices can craft a ruling that makes clear when campaign support requires a judge to step aside. (Boston Globe)

    We need more estate protection  Mar 1, 2009
    6)The UNDLaw School needs a new legal ethics class. Restitution to victims. (Bismarck Tribune, ND)

    Some Justice Department Lawyers Have Gitmo Conflicts  Feb 28, 2009
    "What's unusual is the size of the cluster of individuals who are affected. Holder, for one, is disqualified from participating in matters involving 16 Yemeni detainees represented by his former firm, . Holder never participated directly in the firm's Guantanamo work, and the American Bar Association's wouldn't require a recusal in this case. (The ABA only requires government lawyers to recuse in matters in which they were "personally and substantially" involved while in private practice.) But... (Law.com)

    Stanford Financial Scandal and Whistleblowing Rules for Lawyers  Feb 19, 2009
    In the meantime, the Am Law Daily contacted a number of legal ethics experts to discuss Sjoblom's decision to come clean about a client's alleged frauds -- especially given the possibility that in doing so, he disclosed confidential client information to the government ... The tangle of regulations dated back to the famous OPM case of the early 1980s, when lawyers at a now-defunct firm kept quiet about OPM's use of bogus assets to obtain loans and were later found liable for their silence in... (Law.com)

    New Study Finds Election Law Litigation Remains at More Than Double Rate Before 2000 Election; More Cases Shift From State Court to Federal Court  Feb 19, 2009
    " His book, The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore, was published by NYU Press in 2003. About Loyola Law School Los Angeles Located in downtown Los Angeles--a legal, financial and media capital--Loyola Law School is home to prominent faculty, dedicated students and cutting-edge programs, Loyola is committed to legal ethics and the public interest, it has produced top attorneys for nearly a century. Please visit for more information or contact... (PR Newswire)

    Director in exile seeks to resolve '77 sex case  Feb 18, 2009
    Legal ethics and rules of criminal procedure usually bar one party in a case from discussing it with the judge unless the other side is present. Wells could not be reached for comment. (CNN)

    Madoff's Lawyer Ira 'Ike' Sorkin May Have Conflict Over Family Investment  Feb 14, 2009
    The potential conflict can be waived if Sorkin explains fully to Madoff the disadvantages of his representation, which include that, even unconsciously, he might not be as zealous or effective as he might otherwise be, said , a legal ethics professor at Hofstra University Law School in Hempstead, New York ... Madoffs alleged victims may see Sorkins interests as aligned with their own and they may conclude, wrongly perhaps, that Sorkin will be as interested in vindicating his... (Bloomberg)

    Fired lawyer gets $1 million  Feb 8, 2009
    A State Bar spokeswoman declined to comment, but a legal ethics expert said the bar typically waits until a civil case is done before taking action. The bar could very well be looking at the matter already, said Diane Karpman, a Los Angeles attorney who has represented many attorneys in such cases. (Lodi News Sentinel, CA)


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