The Legal Intelligencer | Analysis
By Max Mitchell | December 11, 2023
"That's the challenging part with a lot of this. A lot of times it doesn't have to be said. They don't use the words that are obvious," ethics attorney Daniel Siegel said.
New York Law Journal | Analysis
By Joel Cohen | December 11, 2023
Public figures as diverse as Donald Trump and Sam Bankman-Fried, for example, have believed that "going public" will best bring them a soft landing. The 'Trump' case raises important questions about an attorney's ethical obligations when they propose to pursue one road, but the client wants another—potentially suicidal—path in a criminal case.
By Committee on Judicial Ethics | December 10, 2023
A family court judge may enter into a memorandum of understanding with an agency that provides a "safe haven" facility for free supervised visitation and safe exchange of children, where the agreement sets forth a general expectation that (1) the court will continue to make referrals as needed in appropriate cases and (2) the judge and court staff will participate in giving and/or attending appropriate domestic violence training along with a wide variety of other signatories. As the agreement does not purport to mandate specific training programs, the judge must exercise discretion and participate only when doing so will not create an appearance of impropriety or raise reasonable questions about the judge's impartiality.
By Committee on Judicial Ethics | December 7, 2023
(1) A judge who is concerned about violations of property maintenance regulations in the judge's neighborhood may publicly express the judge's personal views as a private citizen whose personal interests are affected by the lack of zoning enforcement, including at a public meeting of the city council or in a letter to the editor. (2) On these facts, the judge may also draw on the judge's prior experiences as a city prosecutor and a city court judge to propound suggestions to the mayor and city council about how the local court could address these quality-of-life issues, but should not refer to the judge's present judicial status in doing so.
By Cedra Mayfield | December 7, 2023
"I've seen lawyers do a lot of things to try to get off a trial calendar, but I don't think I've ever seen a lawyer try to get a judge arrested or placed in jail to get off a trial," said defense counsel S. Lester Tate III.
By Committee on Judicial Ethics | December 6, 2023
(1) A full-time judge who learns that a law firm's website advertises its experience appearing before particular judges, and hosts individual biographical pages for those judges on its own website in a format that combines the judges' information with the solicitation of business, must request in writing that the firm take down these biographical pages and remove the associated links. (2) On these facts, reporting is not mandated; any exercise of the judge's disciplinary functions is left to the judge's sole discretion.
By Cassandre Coyer | December 6, 2023
Some worry that the biggest challenge with generative AI disclosures will be around how to craft a definition that accurately encapsulates the types of tools that parties have in mind, instead of a catch-all that casts too wide a net.
By Amanda Bronstad | December 6, 2023
U.S. District Judge Charles Breyer's Wednesday order did not address concerns of "professional misconduct" against Rachel Abrams raised by William Levin, of San Francisco's Levin Simes, her former firm.
By Committee on Judicial Ethics | December 5, 2023
A judge who concludes there is a substantial likelihood that an attorney sought to compromise a criminal prosecution for personal financial gain must report that attorney to the grievance committee.
By Amanda Bronstad | December 5, 2023
In a Tuesday motion, Johnson & Johnson said that Beasley Allen principal Andy Birchfield had struck an alliance with one of its former lawyers, James Conlan, at Faegre Drinker Biddle & Reath.
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