Ethics Forum: Questions and Answers on Professional Responsibility
I am a lawyer and I have been watching the various election challenges for the general election in 2020 involving the presidential race. It seems many were not properly done or had no basis. Are there ethical issues?
November 19, 2020 at 01:04 PM
14 minute read
Both in politics and everything else, big money and big firms are jumping in.
I am a lawyer and I have been watching the various election challenges for the general election in 2020 involving the presidential race. It seems many were not properly done or had no basis. Are there ethical issues?
Samuel C. Stretton.
The question is an interesting one. The answer is that anytime one files a pleading without a basis, that can raise serious ethical issues. For instance, Rule of Professional Conduct 3.1 specifically states a lawyer should not bring or defend a proceeding unless there is a basis in law and fact for doing so, and it is not frivolous. Under Rule 3.3 titled "Candor Due A Tribunal," a lawyer shall not knowingly make a false statement of material law or fact. Under Rule 8.4(c), a lawyer shall not misrepresent in any way. In Rule 8.4(d), a lawyer shall not engage in conduct contrary to the administration of justice. Clearly, frivolous suits were filed and suits were filed without any factual basis, and those rules could be implicated.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Longtime Reed Smith Health Care Partner Opts for Solo Practice Over Retirement
3 minute read
Pa. Appeals Court: Trial Judge Dismissed Med Mal Claims Without Giving Plaintiffs Proper Time to Fight Back
4 minute readTrending Stories
- 1Recent Developments Section 1782 Litigation and the Attorney-Client Privilege
- 2New Part 160 and Presumptive ADR
- 3Litigation Leaders: Jason Leckerman of Ballard Spahr on Growing the Department by a Third Via Merger with Lane Powell
- 4Arguing Class Actions: Manifestation Redux
- 5In Free Agent Lateral Era, Big Law Has 'Entire Teams Dedicated to Identifying' Top Talent
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
