Crackin' the Kraken!

Crackin' the Kraken!

Stacie Rosenzweig
Current Events, My Nerd Friends, Lawyers Behaving Badly

Yes, I am running out of puns, and this is information isn’t breaking news anymore, but 110-page opinions have bad habits of dropping while I’m on vacation.

Anyway, while I was gone, Hon. Linda Parker of the Eastern District of Michigan sanctioned several attorneys, including Sidney Powell and Lin Wood and a few less famous, but all associated with the post-election “Kraken” litigation. My nerd friend Don Campbell did his best with exceedingly bad facts, but.

This is a remarkable opinion. It is also 110 pages, so it’s not a beach read (well, maybe it is, I won’t judge), but if this interests you at all you should read it.

Pardon the Light Blogging

Pardon the Light Blogging

Stacie Rosenzweig
APRL, Personal

Greetings to all of you new people who visited me through the Legal Talk Today podcast (give it a listen here) or through my interview with the State Bar of Wisconsin’s Inside Track (watch here). And, sorry all of that new content that Inside Track seemed to suggest happened on a regular basis did not actually happen.

Crowdfund the Kraken!

Crowdfund the Kraken!

Stacie Rosenzweig
Current Events, Rules, Best Practices

Over the weekend, mythical sea creature /(probably) soon-to-be-sanctioned lawyer Sidney Powell announced that she was joining a legal team to aid who she termed “political prisoners” (people who are accused of participating in the January 6 insurrection and are now in jail).

While, okay, everyone deserves a defense, what caught my eye was that this announcement was, of course, attached to a request for donations to Powell’s 501(c)(4). It is not clear whether donations would actually go to some sort of legal defense fund, some other project of the organization, or anywhere else.

This blog isn’t about politics so I’m not going to dive down that rabbit hole (except to remind Ms. Powell that 8.4(c) is a 24/7 law and misleading donors can get her sanctioned just as readily as misleading clients). So instead I’ll talk about crowdfunding legal fees.

Responding to Internet Criticism, Re-Re-Revisited

Responding to Internet Criticism, Re-Re-Revisited

Stacie Rosenzweig
National, Attorney Discipline

Like most ethics lawyers, I get questions about how to respond to online criticism fairly often. Of course, lawyers have always endured criticism, but until relatively recently, the comments were made around water coolers and on the courthouse steps, and maybe in a grievance filing. Newspaper editors generally didn’t publish letters about attorneys who weren’t otherwise public figures. Now, however, everyone has a platform and anyone can post a scathing review about anyone for any reason.

I'm a young associate. Can I blame my boss for my rule violation?

I'm a young associate. Can I blame my boss for my rule violation?

Stacie Rosenzweig
FAQ

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?

A Year in the Life

A Year in the Life

Stacie Rosenzweig
ABA, Law Practice, State Bar Opinions, Wisconsin

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

They Say the Only Bad Publicity is No Publicity, But Worse Is Publicity Without Informed Consent

Stacie Rosenzweig
FAQ, Current Events

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”?

On “Professionalism” and Professionalism

On “Professionalism” and Professionalism

Stacie Rosenzweig
Character and Fitness, Law Practice, Well Being

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.

Not Really A FAQ, but "Now What?"

Not Really A FAQ, but "Now What?"

Stacie Rosenzweig
Quick Hits, My weird brain

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.

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