When first getting involved in a case, all lawyers check on the statute of limitations. On the plaintiff’s side, you put it on the calendar as a filing deadline to ensure a complaint is filed timely.
Originally Published...more
2/19/2026
/ Amended Complaints ,
Federal Rules of Civil Procedure ,
Filing Deadlines ,
Good Faith ,
Legal Ethics ,
Maryland ,
Motion for Sanctions ,
Motion to Dismiss ,
Pleading Standards ,
Pre-Suit Investigation ,
Professional Responsibility ,
Rule 11 ,
Rules of Professional Conduct ,
Sanctions ,
Statute of Limitations
Most of us have a process for closing out the old year and starting the new one. It’s natural to turn the page when starting a new year because it matches our biorhythms.
Originally Published in The Daily Record - January...more
1/13/2026
/ Artificial Intelligence ,
Attorney Malpractice ,
Contract Terms ,
Cybersecurity ,
Dispute Resolution Clauses ,
E&O Insurance ,
Escrow Agreements ,
Ethics ,
Fees ,
Fiduciary Duty ,
Internal Controls ,
Law Practice Management ,
Legal Operations ,
Maryland ,
Policies and Procedures ,
Professional Liability Insurance ,
Recordkeeping Requirements ,
Risk Management ,
Written Agreements
The tripartite relationship is a term of art which describes the complex relationship between (1) an insurance company, (2) it’s insured, and (3) defense counsel retained to represent the insured.
Originally Published in...more
12/12/2025
/ Attorney-Client Privilege ,
Client Representation ,
Conflicts of Interest ,
Defense Costs ,
Duty to Defend ,
Fee Agreements ,
Indemnity Insurance ,
Insurance Contracts ,
Insurance Litigation ,
Legal Ethics ,
Liability Insurance ,
Maryland ,
Rules of Professional Conduct ,
Tripartite Relationships ,
Work-Product Doctrine
It had to happen at some point: a lawyer would unsuspectingly submit a brief prepared with the help of generative artificial intelligence to a Maryland appellate court, and our courts would answer the question of what the...more
11/11/2025
/ Appellate Briefs ,
Artificial Intelligence ,
Attorney Malpractice ,
Attorney Misconduct ,
Business of Law ,
Client Services ,
Disciplinary Proceedings ,
Enforcement Actions ,
Law & Motion Hearings ,
Law Practice Management ,
Legal Ethics ,
Legal Project Management ,
Legal Technology ,
Legal Writing ,
Machine Learning ,
Professional Disciplinary Actions ,
Rules of Professional Conduct ,
Sanctions ,
State and Local Government ,
State Bar Associations
Changing firms is a reality of the practice of law. In just 30 minutes of research, I found myriad surveys with data on how often both associates and partners change firms. At a high level, it appears that associates change...more
In 2024, Maryland adopted Md. Rule 16-310 to explore the use of expanded voir dire, including the possibility of attorney-conducted voir dire. The drafters envisioned a two-year study period, and the Rule was to sunset on...more
9/11/2025
/ Artificial Intelligence ,
Discrimination ,
Ethics ,
Jury Consultants ,
Jury Selection ,
Jury Trial ,
Legal Ethics ,
Maryland ,
Peremptory Challenges ,
Pilot Programs ,
Race Discrimination ,
Rules of Professional Conduct ,
State and Local Government ,
Trial Practice Guidance ,
Voir Dire
Artificial intelligence is en vogue. Lawyers use AI for legal research, briefs, searching and summarizing documents, and for background searches on witnesses and parties, among other tasks. For those of us who are old enough,...more
In December 1995, I took the oath prescribed in Maryland Business Occupations and Professions Code Ann. 10-212. I swore that I would, “at all times demean myself fairly and honorably as an attorney and practitioner at law;...more
Earlier this year, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 514 addressing a lawyer’s obligations for advising an organizational client when the advice might also be relied...more
No, I am not referring to the Britney Spears song. Instead, it’s fake case cites, a judge’s admonition, sanctions and impending discipline. Today’s lesson comes from U.S. District Court Judge Kelly Rankin in the District of...more
Last week, the Maryland Supreme Court suspended Maryland District Court Judge Jennifer Etheridge for 20 days for violations of the Maryland Code of Judicial Conduct. The charges, Etheridge’s response, and the order from the...more
2/7/2025
/ Code of Conduct ,
Disciplinary Proceedings ,
Discipline ,
Ethics ,
Judges ,
Judicial Proceedings ,
Legal Ethics ,
Maryland ,
Model Code of Judicial Conduct ,
Professional Misconduct ,
Professional Responsibility ,
Sanctions ,
Suspensions & Debarments
My new favorite judge is The Honorable R. David Proctor, chief U.S. district judge for the Northern District of Alabama. I love his Nov. 26, 2024 order granting an Opposed Motion Extension of Time to respond to a complaint....more
I regularly check the posts in the Maryland Lawyers group on Facebook. Posts often contain useful general information about the courts, such as with MDEC. Other times, lawyers share potential client referrals. But mostly I...more
I love the “Lawyers Behaving Badly” podcast. The show’s premise is the hosts’ love of professional messes. They excel at finding true stories about dumb lawyers. Each episode has me shaking my head, thinking to myself, “How...more
The number of lawyers sanctioned for citing fake cases or quotes created by Generative Artificial Intelligence tools continues to grow. Earlier this summer, U.S. District Judge Thomas Cullen ordered counsel to show cause as...more
9/20/2024
/ American Bar Association (ABA) ,
Artificial Intelligence ,
Client Services ,
Data Collection ,
Disciplinary Proceedings ,
False Statements ,
Legal Ethics ,
Legal Technology ,
Machine Learning ,
Professional Disciplinary Actions ,
Sanctions
The phone rings. The voice on the other end asks you to take the case. The fee is great. You feel for the potential client. The subject is interesting but outside your expertise. What do you do?
Originally published in The...more
If you have been to a deposition, you have heard both improper questions and improper objections. Rarely, however, do court opinions or rules focus on whether counsel’s behavior violated the Rules of Professional Conduct. I...more
The lines between witness preparation and improper coaching are gray. According to the ABA, “[T]he task of delineating what is necessary and proper and what is ethically prohibited during witness preparation has become more...more
A new client calls. She is a healthcare provider. She has gotten a letter from the licensing board. She needs assistance preparing an initial response and representation at the board interview. She’s convinced the complaint...more
Default judgments as a sanction for discovery violations are rare. Egregious conduct and failure to comply with multiple court orders usually precede the entry of a default judgment.
Originally published in The Daily...more
Last week, the State Bar of California filed an 11 Count Notice of Disciplinary Charges against John Eastman for “legal” services rendered to former President Donald Trump and others promoting the idea that the 2020...more
3/7/2023
/ Attorney Malpractice ,
Client Representation ,
Client Services ,
Disciplinary Proceedings ,
Donald Trump ,
Enforcement Actions ,
Law Practice Management ,
Legal Ethics ,
Political Candidates ,
Rules of Professional Conduct ,
State Bar Associations