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.

  • Daily Report Online

    Judge Candidate's Cellphone Records Subpoenaed in Election Challenge

    By Cedra Mayfield | April 9, 2024

    As petitioner counsel seek discovery ranging from the candidate's delivery and rideshare records to "cell phone tower ping data," respondent counsel counter the permissibility of the request "under [Georgia Office of State Administrative Hearings] Rules or the Administrative Procedure Act."

    6 minute read

  • New York Law Journal

    Splitting Brains: Shareholder Use (and Misuse) of Confidential Board Information

    By Adrienne Ward and Elizabeth Gonzalez-Sussman | April 9, 2024

    Two recent cases address the question: "How and when that shareholder can use confidential information gained by reason of that board seat?" Authors Adrienne Ward and Elizabeth Gonzalez-Sussman, provide an overview of the cases and offer guidance for activist and institutional investors. They outline distinctly different rulings, why opposite results were reached, and how institutional investors and activists should approach placing directors on a board.

    9 minute read

  • New York Law Journal

    Judicial Ethics Opinion 23-96

    By Committee on Judicial Ethics | April 8, 2024

    A judge must insulate their law clerk from all matters in which the law clerk had any personal involvement as an attorney, but need not disqualify, provided the judge believes the judge can be fair and impartial.

    4 minute read

  • New York Law Journal

    Criminal Defense Lawyer, Ex-SDNY Employee Sentenced Over Bribery Scheme

    By Jane Wester | April 8, 2024

    U.S. Attorney Damian Williams of the Southern District of New York said the sentences should "serve as a warning to those who seek to pervert justice for personal gain."

    3 minute read

  • New York Law Journal

    'Zealous' Representation: No Longer on the Books?

    By Joel Cohen | April 8, 2024

    It might have appeared to go unnoticed, but lawyers, criminal lawyers especially, are no longer specifically instructed by New York's rules or canons to represent their clients "zealously." Criminal lawyers are instead now simply bound by the extremely lukewarm phraseology contained in Rule 1.3 of New York's Rules of Professional Conduct.

    9 minute read

  • New York Law Journal

    Judicial Ethics Opinion 23-95

    By Committee on Judicial Ethics | April 7, 2024

    A judge (1) is disqualified, subject to remittal, in all cases in which a party is represented by an attorney from the small law firm that represents the judge's family's real estate business and (2) may not appoint an attorney from that firm as a guardian ad litem.

    4 minute read

  • New Jersey Law Journal

    Restrictions on Referral Fees May Harm Clients. State Supreme Court Should Review New Disciplinary Directive

    By The Law Journal Editorial Board | April 5, 2024

    There is no reason to treat out-of-state attorneys differently than in-state attorneys if we want only the more qualified attorneys to receive referrals in specialized areas of work.

    5 minute read

  • New York Law Journal

    Judicial Ethics Opinion 23-94

    By Committee on Judicial Ethics | April 4, 2024

    Whether a judge may ask a defendant questions about court-ordered treatment when the defendant appears before the judge for a status review is a legal issue beyond our jurisdiction. It is, however, ethically permissible for the judge to ask legally permissible questions.

    2 minute read

  • The Recorder

    Limiting Risks When Working With Contract Attorneys

    By Shari L. Klevens and Alanna Clair | April 4, 2024

    Here are some tips to help law firms minimize potential risks when working with contract attorneys.

    6 minute read

  • New York Law Journal

    Judicial Ethics Opinion 23-93

    By Committee on Judicial Ethics | April 3, 2024

    A full-time judge may serve as a non-legal advisor on a stakeholders committee to advise the county on an assigned counsel program that will provide legal assistance to eligible litigants, where the program will not appear in litigation but instead will contract with private attorneys to undertake representation.

    4 minute read

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