Archive for the ‘legal ethics’ Category

Latest Edition of Lawyers Gone Wild

In the latest edition of “lawyers gone wild,” plaintiffs’ lawyers were disqualified for a variety of ethical sins.  As reported by Sean Canrnathan in the ABA Litigiation News, the disqualification was not ultimately based on the following juvenile antics by plaintiffs’ counsel:  attending depositions in a t-shirt and shorts scheduling the deposition at a Dunkin’ […]

 

$304 Million Attorney’s Fee Award?

Attorneys’ fees are fair when the work that is done is appropriate for the task that is demanded.  Indeed, the Rules of Professional Conduct require that “A lawyer’s fee shall be reasonable.”  Makes sense, right? In a 110 page opinion, the Delaware Supreme Court affirmed (among other things) an award for attorneys’ fees in excess […]

 

Social Media and Juries Don’t Mix

As a follow up post, I thought it helpful to note that federal courts are increasingly sophisicated as to jurors that use social media during trial.  Frankly, I am not sure if you can sequester a juror without the use of such media especially when it has nothing to do with the case–still, here are proposed […]

 

Lawyers on Social Media Have Risks

The mixture of lawyers and social media seem to be the equivalent of the Tom Cruise/Katie Homes relationship—let’s get married and see how it works out.  But, as we have observed, that is “risky business” (insert groan). Social media has sprung a number of ethical issues on which I have commented previously and which Paul […]

 

Legal Conflicts of Interest

A recent post by my colleagues, Faith Alejandro and Doug Rucker, raised the difficulty in representing clients where there may be divergent interests.  generally,  a lawyer cannot represent both sides.  This is not remarkable, and makes perfect sense.  But, of course,  legal fees are not cheap and sometimes parties can agree to a resolution and […]

 

FaceBook and Jurors Don’t Mix

In the latest occurrence of  juror idiocy, a St. Petersburg television station reports that Jacob Jock (real name) sent a FaceBook friend request to a female civil defendant (characterized as both young and attractive) during the course of trial.  The judge was not amused and Jock was dimissed from the jury.  Not content with his dismissal, Jock […]

 

Sanctioning Lawyers

THE INFORMATION CONTAINED IN THIS POST DESCRIBES LEGAL MATTERS HANDLED IN THE PAST BY OUR ATTORNEYS. OF COURSE, THE RESULTS WE HAVE ACHIEVED DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH MATTER. BECAUSE EACH MATTER IS DIFFERENT, OUR PAST RESULTS CANNOT PREDICT OR GUARANTEE A SIMILAR RESULT IN THE FUTURE. My colleague, Mikhael Charnoff, […]

 

Can a Lawyer Blog?

From the title of the blog, I should probably amend it to ask whether a lawyer “may” blog as opposed to “can” blog.  I jest because I find that application of the rules governing lawyer advertising seem designed for fifth graders and zombies with a pulse (obligatory Halloween reference). It would be remiss if I did […]

 

Foreign Attorneys in Virginia?

Given the nationalization (and globalization) of various elements of our society over the past sixty years (e.g., WalMart, network television, interstate highways, Hollywood), the legal profession stands in stark contrast. While, to many, the crossing of a state border is an artificial construct, states have maintained a hold on the practice of lawyers, regulating anyone, […]

 

Constitutional Ruminations in Boston

My attendance at a legal conference in Boston has allowed me a chance to reflect on the remarkable stability of our country’s legal system. Clearly, to err is human and our judicial branch has had and will have numerous screw ups. Yet, I am chastened by the fact that when a judge makes a ruling, […]