The U.S. Supreme Court can reliably be depended on to decide some of the most weighty legal issues of our time, such as the future of Obamacare and same-sex marriage in two cases to be decided this term. But, in an unexpected development, the court is also now poised to address an important if unusual issue concerning an attorney’s ethical responsibilities to his client and the court in appellate litigation.
In December 2014, the nation’s highest court issued an order requiring attorney Howard N. Shipley of the law firm of Foley & Lardner to show cause “why he should not be sanctioned for his conduct as a member of the bar of this court in connection with the petition for a writ of certiorari in No. 14-424, Sigram Schindler Beteiligungsgesellschaft MBH v. Lee.” And only last month, Shipley—represented by leading U.S. Supreme Court practitioner and former Solicitor General Paul D. Clement—filed a response to that order to show cause.
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