I recently recorded a podcast for Legal Talk Today, and discussed Rudy Giuliani’s future and the limits of zealous advocacy. (Loyal readers will recognize some of this.)
ethicking.com
Thoughts on legal ethics and law practice. Licensed in Wisconsin and Illinois, opinionated everywhere.
Thoughts on legal ethics and law practice. Licensed in Wisconsin and Illinois, opinionated everywhere.
Wait, my law license can be suspended without a hearing?
Well, well, well. It seems that the attorney for the former president, landscaping company press conference aficionado, and frequent target of ridicule Rudy Giuliani needs to take an indefinite time out in New York, as his license to practice law there has been suspended on an interim basis pending investigation.
MyPillowCase: Lessons Learned?
Mike Lindell may have once been known only as the “MyPillow" Guy,” but recently he’s traded polyurethane foam for horsefeathers.
"We have bad news for your client! Enjoy your long weekend!"
I’m writing this at 4:30 pm the Friday before Memorial Day. Throughout the day, I’ve received multiple communications, from multiple agencies and entities, telling me bad things about my clients.
Another day, another bad redaction
I learned quickly that there is a difference between actually redacting something and just plunking a black box over something you don’t want other people to see. The problem is, not everyone has learned that lesson.
I'm a young associate. Can I blame my boss for my rule violation?
You’re relatively new to law practice. (Congratulations on your graduation and new job in a pandemic, by the way.) You studied the rules and maybe passed the MPRE. But you’re still learning and your on-the-job training has been, well…the partners are really busy.
Long story short, you messed up. In retrospect, that’s clear. Your client complained to the OLR and now you have to answer an inquiry.
Is your newbie-ness and perhaps not-great advice from your supervisor a defense to grievance?
Can I settle a claim with my own client?
A question I get frequently, often in the initial consultation, is whether the lawyer can offer to settle the matter financially with their client to make everything go away.
This is a “no, not everything” answer.
A Year in the Life
A year ago, my colleagues and I sat around the conference table, trying to parse what health authorities were saying and what it might mean for law practice generally and our work specifically. We discussed what would happen if people needed to quarantine, and whether we should make sure everyone was set up to receive email remotely, or what might happen in a worst-case scenario, if we had to shut down for a few weeks.
They Say the Only Bad Publicity is No Publicity, But Worse Is Publicity Without Informed Consent
Over the last couple of days, friends have forwarded articles containing interviews with members of the ex-president’s impeachment trial team, asking if they really should be spilling the tea like that?
This is a question I do get generally, so let’s call this a FAQ: Aren’t these things supposed to be confidential? Are lawyers really supposed to talk to media other than to say “no comment”?
When LolCats Go To Court
By now, just about every lawyer has received multiple forwards of the Lawyer Zoom Cat video. For those of you not so lucky, a Texas lawyer accidentally appeared at Zoom court with a filter activated that turned him into a talking cat.
On “Professionalism” and Professionalism
I remember we got the Character & Fitness talk, the one telling us to get help if we needed help (but disclose the help on the application, please) and otherwise focusing on our missteps and how that could cost us bar admission. The professor giving the talk, a Jesuit priest who taught ethics and evidence, admonished us to sanitize our social media: “Do not post pictures of you doing keg stands, wearing naught but a thong.” It was not professional, he said.
Settle the Case or I'll Call Police
The Wisconsin State Bar Standing Committee on Professional Ethics (of which I am a member) recently approved Formal Opinion EF-21-01, which clarifies when you can threaten someone with criminal prosecution to gain advantage in a civil manner.
Not Really A FAQ, but "Now What?"
I remember at the end of the George W. Bush administration, some comedians said that the Obama administration would put them out of business, what with Obama’s lack of propensity for scandal or gaffes. While of course that didn’t happen (the comedy world survived Obama’s tan suits and fancy mustard just fine), I’ve been asked (once) whether I am worried I won’t have blog fodder after all of the ridiculous election and Trump-related litigation is over.
!["Why isn't [Lawyer Villain In the Media] Disbarred Already?"](https://images.squarespace-cdn.com/content/v1/5d93821f16ea12193a39cbf7/1610230956148-Y2U3R0JGBTT4JUUO5FKS/image-asset.jpeg)
"Why isn't [Lawyer Villain In the Media] Disbarred Already?"
This is the non-lawyer version of a question I get a lot from lawyer clients—”how long is this disciplinary proceeding going to take?”
Unfortunately for lawyers facing discipline and curious lay folks alike, there’s no real answer. I know people get tired of hearing this from lawyers, but really, “it depends.” Every disciplinary authority has its own internal case processing goals, but it is often difficult to determine whether a particular case will fall within the guidelines.
Lose Weight for the New Year! (or...fire a client ethically)
Breaking up is hard to do. (After all, it’s cuffing season.) This axiom is as true in a professional setting as it is in a personal one. How to ditch your quarantine bae before they’re vaccinated is beyond the scope of a legal ethics blog (as is whether I should ever use the term “quarantine bae” ever again). But firing a client and withdrawing from representation is sometimes absolutely necessary, regardless of what the calendar says. Perhaps they won’t return your calls, or are refusing to pay your bill, or you can’t see eye to eye about the objectives of representation. Some clients and cases are just albatrosses that you can’t and shouldn’t see through.
"Wow This Lawyer On The News Is Doing Really Dumb Things, Let's Flood The State Bar with Calls!!!!"
This happens frequently when lawyers are in the news—social media lights up with calls to disbar them for doing whatever the posters believe was out of line. Now, as someone with an increasingly public practice, I wait with bated breath to see if and when the virtual torches and pitchforks come for my license. I’d like to say I’d see it as a badge of honor, but probably in action I would not be as amused.
This post is not about whether any lawyer currently in the news deserves discipline, but about the process.
Oh Rudy...
All eyes are on the Middle District of Pennsylvania, which is set to hear arguments in one of the Trump Campaign’s voting lawsuits today. Enter Rudy Giuliani, who has applied for pro hac vice admission despite his last federal court appearance being before some lawyers were born.
However, it looks like Rudy may have some problems right out of the gate, in addition to all of his other problems.