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.

  • The Recorder

    Attorneys May Face Scrutiny From the Bar for Conduct in Their Private Lives

    By Shari L. Klevens and Alanna Clair | December 11, 2023

    There can still be ethical risks for attorneys engaging in criminal or unethical conduct in their private lives, according to Dentons' Shari L. Klevens and Alanna Clair.

    6 minute read

  • New Jersey Law Journal

    Attorney Disciplined for 'Willful Blindness' to Client Relationships in Litigation Over Construction of McDonald's Restaurant

    By Charles Toutant | December 11, 2023

    "Respondent's failure to take any steps to determine the existence of the purported attorney-client relationships," the DRB said of Anselmi & Carvelli attorney William P. Munday, "constituted impermissible 'willful blindness.'"

    5 minute read

  • The Legal Intelligencer

    Holland & Knight Charged Ex-Republic Bank CEO Nearly $7M for 'Ineffective' Services, Suit Alleges

    By Justin Henry | December 11, 2023

    Vernon Hill, founder of Commerce Bank in the U.S. and Metro Bank in the U.K., accused the firm of "top-heavy staffing, duplicative billing and excessive billing."

    3 minute read

  • The Legal Intelligencer

    Hate Speech Is on the Rise in Social Media. Could Antisemitic Posts by Attorneys Become Disciplinary Board Fodder?

    By Max Mitchell | December 11, 2023

    "That's the challenging part with a lot of this. A lot of times it doesn't have to be said. They don't use the words that are obvious," ethics attorney Daniel Siegel said.

    5 minute read

  • New York Law Journal

    When a Criminal Client Wants His Own Strategy Employed

    By Joel Cohen | December 11, 2023

    Public figures as diverse as Donald Trump and Sam Bankman-Fried, for example, have believed that "going public" will best bring them a soft landing. The 'Trump' case raises important questions about an attorney's ethical obligations when they propose to pursue one road, but the client wants another—potentially suicidal—path in a criminal case.

    7 minute read

  • New York Law Journal

    Judicial Ethics Opinion 23-27

    By Committee on Judicial Ethics | December 10, 2023

    A family court judge may enter into a memorandum of understanding with an agency that provides a "safe haven" facility for free supervised visitation and safe exchange of children, where the agreement sets forth a general expectation that (1) the court will continue to make referrals as needed in appropriate cases and (2) the judge and court staff will participate in giving and/or attending appropriate domestic violence training along with a wide variety of other signatories. As the agreement does not purport to mandate specific training programs, the judge must exercise discretion and participate only when doing so will not create an appearance of impropriety or raise reasonable questions about the judge's impartiality.

    6 minute read

  • New York Law Journal

    Judicial Ethics Opinion 23-26

    By Committee on Judicial Ethics | December 7, 2023

    (1) A judge who is concerned about violations of property maintenance regulations in the judge's neighborhood may publicly express the judge's personal views as a private citizen whose personal interests are affected by the lack of zoning enforcement, including at a public meeting of the city council or in a letter to the editor. (2) On these facts, the judge may also draw on the judge's prior experiences as a city prosecutor and a city court judge to propound suggestions to the mayor and city council about how the local court could address these quality-of-life issues, but should not refer to the judge's present judicial status in doing so.

    6 minute read

  • Daily Report Online

    Authority Challenged After Judge Issues Arrest Warrant Against Fellow Circuit Judge

    By Cedra Mayfield | December 7, 2023

    "I've seen lawyers do a lot of things to try to get off a trial calendar, but I don't think I've ever seen a lawyer try to get a judge arrested or placed in jail to get off a trial," said defense counsel S. Lester Tate III.

    4 minute read

  • New York Law Journal

    Judicial Ethics Opinion 23-25

    By Committee on Judicial Ethics | December 6, 2023

    (1) A full-time judge who learns that a law firm's website advertises its experience appearing before particular judges, and hosts individual biographical pages for those judges on its own website in a format that combines the judges' information with the solicitation of business, must request in writing that the firm take down these biographical pages and remove the associated links. (2) On these facts, reporting is not mandated; any exercise of the judge's disciplinary functions is left to the judge's sole discretion.

    7 minute read

  • Legaltech News

    As AI Disclosures Proliferate, Can Legal Agree on What AI Means?

    By Cassandre Coyer | December 6, 2023

    Some worry that the biggest challenge with generative AI disclosures will be around how to craft a definition that accurately encapsulates the types of tools that parties have in mind, instead of a catch-all that casts too wide a net.

    5 minute read

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