Legal Ethics & Attorney Discipline

A wealth of articles, columns and case digests examining all the various aspects of attorney ethics and discipline, from quick hit news stories to deep analysis to "how to" or cautionary columns and stories.

  • New York Law Journal

    Judicial Ethics Opinion 23-49

    By Committee on Judicial Ethics | January 15, 2024

    A judge may wear judicial robes when giving the keynote address at a public high school graduation.

    3 minute read

  • New York Law Journal

    Judicial Ethics Opinion 23-48

    By Committee on Judicial Ethics | January 14, 2024

    (1) A judge who formerly served as the town attorney is not disqualified from presiding in matters handled by a lawyer who previously served on the town board during the judge's tenure as town attorney, even if the lawyer plans to, or does, call the judge as a witness and/or seek the judge's emails and records concerning events that took place during that period. Rather, the judge may preside as long as the judge concludes they can be fair and impartial. (2) Where the lawyer also claims the existence of "extreme animosity" between them and the judge, recusal is not warranted where the judge has conducted the relevant interpersonal analysis and has determined that the judge can be fair and impartial.

    6 minute read

  • The Recorder

    California Supreme Court Disbars Attorney Who Alleged Racial Bias Tainted His Discipline Case

    By Cheryl Miller | January 12, 2024

    East Bay attorney Gregory Harper lost his law license after a State Bar Court judge said he failed to show any specific state bar practice or policy was racially discriminatory.

    3 minute read

  • The Legal Intelligencer

    Judge Declines to Disqualify Attorney Accused of Paying Client's Living Expenses, Matter Referred to Disciplinary Committee

    By Riley Brennan | January 12, 2024

    U.S. District Judge Wendy Beetlestone of the Eastern District of Pennsylvania held that the issue of counsel paying for their client's living expenses didn't warrant disqualifying the attorney, concluding a potential ethical violation didn't require disqualification.

    4 minute read

  • New York Law Journal

    Judicial Ethics Opinion 23-47

    By Committee on Judicial Ethics | January 11, 2024

    A town justice may accept an invitation from the town board to attend a town board meeting and address questions "for public information" concerning the court's procedures and limitations with respect to the collection of fees and court security, to help explain and clarify the court's role in these matters. The judge may not comment on any pending or impending cases and should be careful not to cast doubt on their integrity, impartiality, and independence in adjudicating matters that could result in revenue for the town.

    5 minute read

  • Daily Business Review

    Judicial Referee Calls for Miami Attorney's Disbarment

    By Michael A. Mora | January 11, 2024

    "All these improper appeals to emotion and inflamed passions are a bad faith trial tactic, designed to prejudice the trier of fact in the case in the act of despicable gamesmanship," Miami-Dade Circuit Judge Betsy Alvarez-Zane wrote in a 75-page referee report.

    4 minute read

  • Daily Business Review

    Victory for Lawyer Battling Gov. Ron DeSantis—But Litigation Continues

    By Lisa Willis | January 11, 2024

    A governor's spokesman called the federal appeals court decision "an egregious encroachment on state sovereignty."

    3 minute read

  • Law.com

    Virginia Appellate Court Split Over Legal-Malpractice Suit, Attorney's Continued Representation as Special Counsel in Chapter 7 Liquidation

    By Allison Dunn | January 11, 2024

    "Conway ignored their ethical and contractual obligation to Smith, which is a basis of Smith's legal malpractice claim. It was improper for the trial court to resolve this issue in favor of Conway on summary judgment by finding that there was an implied contract for the Chapter 7 representation," Virginia Court of Appeals Judge Doris Henderson Causey wrote in a dissenting opinion.

    5 minute read

  • New York Law Journal

    Judicial Ethics Opinion 23-46

    By Committee on Judicial Ethics | January 10, 2024

    Where a judge's spouse is the Corporation Counsel and thus the head of the agency and/or attorney of record for the office: (1) In general, the judge must disqualify from any case involving the Corporation Counsel's office. However, this disqualification may be subject to remittal after full disclosure on the record, provided the judge's spouse remains permanently absent from the courtroom.

    5 minute read

  • The Recorder

    BREAKING: Federal Judge Sets Tom Girardi's Criminal Trial for May 21

    By Amanda Bronstad | January 10, 2024

    U.S. District Judge Josephine Staton, who on Jan. 2 found Girardi competent to stand trial, rejected arguments from Girardi's lawyers to push the trial into next year.

    3 minute read

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