By Erin Giglia and Laurie Rowen | October 9, 2024
"California case law establishes that the amount a law firm pays to a freelance attorney is irrelevant to whether a fee is unconscionable," write Erin Giglia and Laurie Rowen, founders of Montage Legal Group.
By Committee on Judicial Ethics | October 8, 2024
(1) A judge who receives reliable information indicating a substantial likelihood that his/her co-judge has used a seemingly unaffiliated attorney to represent clients on certain cases that originated in their court, and arranged for those cases to be assigned to himself/herself, must report the co-judge to the Commission on Judicial Conduct. (2) If the judge further concludes, based on the information already known to him/her, that this seemingly unaffiliated attorney is an associate of the co-judge or is otherwise undertaking eviction work on behalf of the co-judge, the inquiring judge cannot accept eviction papers filed by that attorney. (3) The judge should consider whether he/she has received information indicating a substantial likelihood that the seemingly unaffiliated attorney has committed a substantial violation of the Rules of Professional Conduct; if so, the judge must take appropriate action.
By Committee on Judicial Ethics | October 7, 2024
(1) A judge has no ethical duty to investigate allegations from the court attorney's former romantic partner about the court attorney's conduct before working for the judge. (2) Where the court attorney has admitted certain allegations which, in the judge's view, constitute substantial professional misconduct, the judge must take appropriate action. (3) With respect to other allegations of a more personal and private nature, the judge need not take any action unless the judge concludes he/she has received information indicating a substantial likelihood that the attorney has committed a substantial violation of Rules of Professional Conduct. (4) On these facts, the judge has no ethical obligation to report the court attorney to the grievance committee or terminate the court attorney's employment.
Daily Report Online | Commentary
By Shari L. Klevens and Alanna Clair | October 7, 2024
The decision to end a representation can be a difficult one. But many lawyers who have had to defend against legal malpractice claims often note a time in the underlying client representation when they knew something was "off"
By Marianna Wharry | October 4, 2024
"If respondent's colleagues had believed him, and had hired him based on his statements during the interview, it would have damaged the criminal justice system," the hearing board's report said.
By Committee on Judicial Ethics | October 3, 2024
Where a Lieutenant in the sheriff's office serves on the town board: (1) a town justice is ordinarily disqualified, subject to remittal, in matters involving the Lieutenant and any deputy sheriffs under that Lieutenant's supervision; but (2) the judge need not disqualify if he/she is satisfied that a town board resolution or other legal requirement prohibits the Lieutenant from voting or participating in deliberations on any town court matters.
By Andrew Denney | October 3, 2024
Albany Supreme Court Justice Roger McDonough ruled that defendant Gregory Thayer, who is serving a 25-year prison sentence for killing his best friend, would receive a new trial based on ineffective assistance of counsel
By Habiba Cullen-Jafar | October 3, 2024
A closer look at the deal reveals something about the practices of legal advisers, and, crucially, an apparent tolerance for having one law firm advise multiple clients on the same matter.
By Committee on Judicial Ethics | October 2, 2024
A full-time judge may not perform as a volunteer pianist during a charitable fund-raiser.
By Charles Toutant | October 2, 2024
"My professional career has suffered greatly, and I'll never get that back, no matter what happens. Even if I retain my license, the type of work I did—I'm never getting that back," Michael T. Rave told the Supreme Court.
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