Legal Ethics
Unethical for Lawyers to Tell Clients Their Judges May Be Biased Based on Race, Sex, Etc.?
"The judge soon learned that, in a recorded conversation between defense counsel and the defendant, the attorney had referred to the age, race, political affiliation, and gender of the court's judges, and suggested that the court 'should look a little bit more like the people that are in front of them.' The attorney also suggested that the defendant would not receive a fair trial from the court's judges, who are a different race and gender from the defendant. Finally, the attorney used a pejorative term, drawing on racial and gender stereotypes, to refer to the complainant."
Excessive Calls for Recusal Threaten Judicial Independence
Activists and politicians look for almost any excuse to claim that judges should withdraw from cases. Their calls for recusal may be frivolous, but it gives them an opportunity to criticize judges they don't like.
Samuel Alito Was Foolish To Sell His Bud Light Stock
The conservative culture war boycott against Bud Light was actually a great time to buy stock in a successful company, even if you don't like Bud Light.
The Ethics of Law Professor Amicus Briefs Revisited
Are law professors too quick to sign their names on briefs submitted to courts? Is this a problem?
"Victimizing the Families of Opposing Counsel and Causing Well-Founded Concern for Their Well-Being … Is … a Profound Dishonor as a Lawyer"
"Lawyers in litigation may be expected to assume the risk of a certain amount of rough-and-tumble. Their families do not. In preying on the families of opposing counsel, Mr. Manookian crossed the Rubicon."
If Lawyer Representing Himself Is "Unable to Keep His Personal Feelings out of His Pleadings and the Way He Litigates This Case,"
"he might want to consider hiring an attorney to represent him in this case."
Justice Sotomayor Voices Her Frustration with Supreme Court and Advocates
Some candid remarks at the University of California at Berkeley
"As an author of one of these briefs, I am free to admit the lie."
The relationship between scholarly amicus briefs and scholarship
Supreme Court Adopts Ethics Code
The provisions seem sensible, though there are legitimate concerns about enforcement.
Justice Alito: No Need to Recuse When Justice Has Been Interviewed by a Lawyer (or by Employee of Party) in a Pending Case
The matter involves a Wall Street Journal interview of Justice Alito, which didn't discuss the case in which one of the interviewers is a party.
Should the Philadelphia D.A.'s Office Have Been Sanctioned for Failing to Protect Crime Victims' Rights?
My amicus brief to the Third Circuit argues that the district court appropriately sanctioned the Philadelphia D.A.'s Office for making misleading representations about whether they had conferred with a crime victims' family.
Partisanship Is Muddling the Important Debate Over Supreme Court Ethics
Ethics allegations have been raised against Clarence Thomas, Samuel Alito, Neil Gorsuch, and Sonia Sotomayor. Both sides have retreated into whataboutism.
"The Family Court Erred in Finding [Lawyer] in Criminal Contempt …"
"at a hearing in which the judge’s impartiality and temperament were questioned.”
Sixth Circuit Upholds Sanctions Against Kraken Attorneys for Michigan Filings
The sanctions imposed on Sidney Powell and other attorneys raising frivolous challenges to the 2020 election were narrowed and slightly reduced, but largely upheld.
Lawyer's Affidavit in the Colorado AI-Hallucinated Precedent Case
"Overwhelmingly impressed by the technology, I excitedly used it to find case law that supports my client's position, or so I thought."
Colorado Lawyer "Says ChatGPT Created Fake Cases He Cited in Court Documents"
"I felt ... my efficiency ... could be exponentially augmented to the benefit of my clients by expediting the time-intensive research portion of drafting."
Federal Judge Requires All Lawyers to File Certificates Related to Use of Generative AI
The certificates must "attest[] either that no portion of the filing was drafted by generative artificial intelligence (such as ChatGPT, Harvey.AI, or Google Bard) or that any language drafted by generative artificial intelligence was checked for accuracy, using print reporters or traditional legal databases, by a human being."
Censured for 'Misrepresentations' About a 'Stolen' Election, a Former Trump Lawyer Insists She Never Lied
Jenna Ellis admitted that she made 10 false claims while representing the former president and his campaign.
New York Appeals Court Upholds Contempt Sanction Against Trump
A trial judge's decision to hold Donald Trump in contempt for failing to comply with a demand for documents is upheld.
Trump Lawyers Sanctioned AGAIN for Frivolous Suit Against Political Opponents
Lawyers who indulged the former President are discovering such conduct has costs.
Trump Lawyers Sanctioned for Frivolous Lawsuit Against Political Opponents
Sloppy legal filings against Democratic political operatives may end up costing some of Trump's lawyers.
Reply All Is Not a Crime, Says the American Bar Association (Controversially)
To be precise, it's not an ethical violation, when opposing counsel e-mails you cc'ing their clients, and you Reply All. (But some states disagree.)
