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Daily Report Online

Beware the Department of Labor's 'Persuader Rule'

A proposed regulation long feared by attorneys has now become a reality. Five years after it was first proposed, the Department of Labor has issued its final rule, reinterpreting the advice exception of the "persuader rule" in a way that would force attorneys to reveal their clients' confidential information, putting their ethical obligations at issue.
12 minute read

Daily Report Online

As Judicial Ethics Agency Huddles in Secret, Georgia Bar Lobbyists Say They Will Challenge Its Lack of Transparency

Leaders of the State Bar of Georgia's lobbying team said Thursday that next year they will push state legislators to raise the curtain on parts of meetings of the state's judicial ethics watchdog agency, the Judicial Qualifications Commission.
6 minute read

The Legal Intelligencer

Attorney Liability Actions: Case and Client Management

In my prior column within the ongoing attorney liability series, I discussed the importance of pleadings. That is, it is important to plead with hyper-specificity notwithstanding it is well-settled in Pennsylvania that factual conclusions suffice to surmount the inevitable preliminary objections for lack of specificity. Specificity in pleadings is important not only to overcome preliminary objections but also as to any and all objections that may arise during litigation and at trial.
13 minute read

The Legal Intelligencer

Ignore Your Opponent's 'Unfriendly' Comments

I am in the middle of a trial in a criminal case, and the district attorney who is prosecuting the case has been extremely unfriendly and discourteous. There are constant suggestions I am acting unethically. What are my ethical duties?
19 minute read

New Jersey Law Journal

NJ Judge Suspended for Aiding Family in Feud With Contractor

The New Jersey Supreme Court on June 16 ordered that a local judge be suspended without pay for one month for using the authority of his office to inquire into the criminal history of a home renovation contractor with whom his relatives were in a dispute.
3 minute read

The Legal Intelligencer

Superior Court Reverses 'Gratuitous' $1M Sanction Against Lawyer

The Pennsylvania Superior Court has struck down a nearly $1 million sanction that had been levied against a Philadelphia-area defense lawyer in an asbestos case.
5 minute read

New York Law Journal

Judicial Ethics Opinion 16-30

Where the new Public Defender preliminarily and briefly represented a judge in a disciplinary proceeding one year ago as a private attorney, the judge may continue to preside over matters involving assistant public defenders, provided the judge can be fair and impartial. The judge need not disclose the prior, non-substantive representation when the assistant public defenders appear.
12 minute read

New Jersey Law Journal

The Semicolon Is Not Your Small Intestine

The Supreme Court should consider standards and testing for attorneys' grammatical competence.
8 minute read

New York Law Journal

The Movie 'Spotlight' and Legal Ethics

Joel Cohen and James L. Bernard write: Like all good movies about an important and controversial event, the story told in the movie "Spotlight," about the role of the Boston Globe in uncovering the breadth of the clergy scandal that impacted the Boston diocese, was no doubt some combination of truth and dramatization. One startling and poignant scene is worth discussing from an ethics point of view.
25 minute read

Supreme Court Brief

A Law Prof's Take on Judicial Recusals, the Williams Decision and Trump

Recusal has emerged as an issue in the presidential campaign, in the form of Republican candidate Donald Trump's criticism of Judge Gonzalo Curiel for not stepping aside from the civil suit against Trump University. The high court itself has faced recusal controversies in recent years, prompting calls for justices to be more transparent in explaining why they do or don't recuse in certain cases. Stetson University College of Law professor Louis Virelli III has just written Disqualifying the High Court, a book about recusal that focuses mainly on the Supreme Court but also charts the history of recusal statutes—many of which he believes are unconstitutional. Our conversation with Virelli was edited for length and clarity.
5 minute read

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