Legal Ethics and Attorney Discipline

  • The Recorder | Commentary

    The Ethics of Freelance Lawyering, Part 1: Duty to Inform the Client and Fees Charged to the Client/Upcharging

    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.

  • New York Law Journal

    Judicial Ethics Opinion 23-243

    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.

  • New York Law Journal

    Judicial Ethics Opinion 23-242

    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

    When to Say Goodbye to a Client

    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"

  • Law.com | News

    Ex-Assistant State Attorney Suspended for One Year for Dishonesty on Judicial Application, Job Interviews

    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.

  • New York Law Journal

    Judicial Ethics Opinion 23-241

    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.

  • New York Law Journal

    Albany Judge Orders New Trial for Manslaughter Case Where Defense Counsel Met Secretly With Law Clerk

    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

  • The American Lawyer

    Clifford Chance Acted for Three Clients on a Single Deal Process—Is it a Problem?

    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.

  • New York Law Journal

    Judicial Ethics Opinion 23-240

    By Committee on Judicial Ethics | October 2, 2024

    A full-time judge may not perform as a volunteer pianist during a charitable fund-raiser.

  • New Jersey Law Journal | News

    Lawyer Suspended for Sexual Contact With Minors

    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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