News & Analysis as of

Attorney Misconduct

FBI Is Focused On Professional Service Providers

by Foodman CPAs & Advisors on

James C. Barnacle, Chief of the Money Laundering Unit in the Financial Crimes Section, Criminal Investigation Division, of the FBI recently stated that there is a RENEWED emphasis on investigations targeting “ money...more

Lawyers Beware: Sending Native File Documents to Third Parties May Violate Your Ethical Obligations

The rules governing discovery of electronically stored information, though not fully developed, have matured enough to provide the basic “do’s and don’ts” for attorneys. Frequently, a party must produce electronic documents,...more

No New Trial: Court Grounds EEOC Following JetStream’s Victory In Religious Discrimination Trial

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Following a major victory for an airline-industry employer over the EEOC in a Title VII action regarding religious accommodations, the Court denied the EEOC’s motion for a new trial. The decision is a...more

When Lawyers Cross the Line – Breaking Bad Under the Law

by Michael Volkov on

While reading the Embraer settlement documents, I read over the facts implicating a senior legal executive and his/her involvement in the Embraer bribery scheme. Truthfully, I had a slight gasp as I read about a fellow lawyer...more

'Ostrich' Theory Enforces Ill-Defined Duty to Investigate Clients' Conduct

In recent years, the application of a “conscious avoidance” or “willful blindness” theory as the basis of attorneys’ liability for clients’ criminal conduct has been on the rise. In principle, this standard — commonly...more

When professional and personal lives collide – Parity among professions?

by Dentons on

Are all professions held to the same standard of honesty? In particular, if a professional is dishonest in his personal life, what is the impact on his professional life?...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - June 2016

by Hinshaw & Culbertson LLP on

Disqualification — Substantially Related Matters — Waiver of Conflict by Lack of Diligence in Seeking Disqualification - State of Minnesota, et al v. 3M Company, Hennepin County (Minn.), Court File No. 27-CV-10-28862...more

Court Has Inherent Authority to Supervise CSSP, Including Sanctioning Attorneys for Ethical Violations and Misconduct

On June 2, 2016, the U.S. Court of Appeals for the Fifth Circuit addressed another matter of alleged attorney misconduct in a Deepwater Horizon claims case and the District Court’s authority to impose sanctions for...more

Seventh Circuit Clarifies That Lawyers Can Appeal Nonmonetary Sanctions

by Foley & Lardner LLP on

Imagine that, at the end of a case, the judge decides to impose sanctions on you for the way in which you have handled discovery, or done something at trial. In the order requiring you and your client to pay your opponent...more

Defence & Indemnity - April 2016: I. INSURANCE ISSUES

by Field Law on

General information of claims practices and company personnel obtained by an insurer’s in-house counsel is not the type of confidential information that will disqualify the lawyer from acting as Plaintiff’s counsel against...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19436 - Miller v. Appellate Court - When the appellant’s attorney kept missing deadlines and failed to comply with other Appellate Court rules in four pending appeals, one...more

To Establish Conflict of Interest, Former Client Need Only Show Attorney May Have Obtained Confidential Information During Prior...

The Court of Appeal for the Fourth Appellate District in Costello v. Buckley (3/16/2016 - Case No. D068536) affirmed the trial court’s disqualification of defendant’s counsel where he had previously represented plaintiff in...more

Texas Court Holds That Law Firm is Immune From Liability to Claims by Non-Client

by Hinshaw & Culbertson LLP on

Highland Capital Management, LP v. Looper Reed & McGraw, P.C., 2016 WL 164528 (Tex. App. Jan. 14, 2016) Brief Summary - The Texas Court of Appeals held that the doctrine of attorney immunity barred an employer's...more

A Federal Judge Said Some Really Nasty and Unfair Things About Me—Can I Appeal?

by Hinshaw & Culbertson LLP on

What standards apply in the federal circuit courts to appeal a finding that a lawyer acted improperly? One particularly confusing area of ethics practice is the test in federal circuit courts to appeal a “finding” that a...more

Professional Regulation and Ungovernability

by Field Law on

Riccioni v. Law Society of Alberta, 2015 ABCA 62 (CanLII) (Alta CA), upholding a decision by the Law Society to disbar one of its members in part for ungovernability - Earlier this year, the Alberta Court of Appeal...more

More Changes Ahead to the Rules of Professional Conduct?

by Hinshaw & Culbertson LLP on

Rule 8.4 of the Model Rules of Professional Conduct is a bit of a catch-all. In general terms, it prohibits "lawyer misconduct." Even more ambiguous, Rule 8.4(d) prohibits "conduct prejudicial to the administration of...more

NC Business Court Revokes Pro Hac Vice Admission Of Out Of State Lawyer

by Brooks Pierce on

Judge McGuire came down pretty hard on a Florida attorney admitted pro hac vice (meaning "for this one particular occasion") by another Superior Court Judge, in McCarthy v. Hampton, 2016NCBC 4. He revoked the lawyer's...more

Settlement Agreement Precludes Consideration of Order Criticizing Attorney Conduct - Tesco Corp. v. Nat’l Oilwell Varco, L.P.

by McDermott Will & Emery on

Addressing for the first time the effect of a settlement agreement on an appeal from an order criticizing two attorneys’ conduct, the U.S. Court of Appeals for the Federal Circuit concluded that the intervening settlement...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC36382, AC36387 - Hilton v. Commissioner of Correction - AC36922 - Nationwide Mutual Ins. Co. v. Pasiak - This was Round Three of a case previously reported on. An...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to the...more

DOJ Report Clears Agency From Unlawful Behavior Charges in Operation Choke Point

Why it matters A new report from the Department of Justice's (DOJ) Office of Professional Responsibility (OPR) found that agency attorneys did not engage in professional misconduct by improperly targeting objectionable...more

Paralepsis: Mentioning The Unmentionable

by Allen Matkins on

This blog is devoted to corporate and securities law issues. Therefore I refrain from venturing into other are topics even though they touch upon lawyers and lawyering. Lawyers, however, can learn a lot about trial conduct...more

Don’t Sleep on Rule 37 Motions

What do you get when opposing counsel repeatedly cancels depositions only days before they are scheduled, allegedly fails to abide by confidentiality agreements and court orders, and repeatedly files supposedly baseless...more

The Test for Uncivil Conduct in Litigation

by Bennett Jones LLP on

The Divisional Court released its reasons respecting the Law Society of Upper Canada’s disciplinary proceeding against Joseph Groia on February 2, 2015. The Divisional Court upheld the Law Society Hearing Panel and Appeal...more

Delaware Court of Chancery Confirms: There Is No Such Thing as Delaware Local Counsel

by Polsinelli on

In its recent ruling on James v. National Financial LLC, Delaware's prestigious Court of Chancery reiterated the obligations to the Court of both Delaware and out-of-state counsels' obligations to the Court (Delaware...more

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