#LegaEthics Tidbit: Can my expert be disqualified if she spoke to the opposing party without counsel present?

A group of CA prisoners brought a class action against their prisons over health conditions. Defense counsel facilitated an environmental health expert to conduct an inspection of the facilities, and during the inspection she interviewed four class members without class counsel present. The defense argued that there was no misconduct ... (cont.)

https://law.justia.com/cases/federal/district-courts/california/casdce/3:2020cv00406/670938/958/
#law

#LegaEthics Tidbit: Can my expert’s opinion be struck if she spoke to the opposing party without counsel present?

A group of CA prisoners brought a class action against their prisons over health conditions. Defense counsel facilitated an environmental health expert to conduct an inspection of the facilities, and during the inspection she interviewed four class members without class counsel present. The defense argued ... (cont.)

https://lnkd.in/epxFiTB3
#law

#LegaEthics Tidbit: If I lie to the Bankruptcy Court about my fees, do I still get paid?

An AZ bankruptcy lawyer entered into an agreement with a non-lawyer financer. The lawyer told each client that the flat fee for their bankruptcy matter would be $3k. Then the lawyer sold the $3k debt to the financer for about 60-75% of the actual fee. The financer then collected the full $3k from the clients under threat of a savage 300% interest rate for ... (cont.)

https://lnkd.in/ghzbdcUP
#law

#LegaEthics Tidbit: If a partner adds some citations to my brief, should I check them for #AI hallucinations just in case?

While briefing a discovery dispute, a subordinate lawyer at an AL law firm drafted a brief and submitted it to the partner for review. The partner, without telling anyone, used ChatGPT to do some research, added a few new citations into the brief, and gave them back to the ... (cont.)

https://lnkd.in/egdqfud5
#law #generativeai #generativeartificialintelligence

#LegaEthics Tidbit: If the judge says he doesn’t like me, can I move for his recusal?

In a dispute between a restaurant and a commercial landlord, an OH judge granted summary judgment for the landlord on the morning of trial. The restaurant won on appeal and the matter was remanded back to the judge. On the day of the new trial, the judge made off the record comments about the merits of the case and the restaurant asked him to recuse. ... (cont.)

https://lnkd.in/eGRr74z8
#law

#LegaEthics Tidbit: What’s the worst way to respond to a bar complaint?

A client complained to MA bar counsel that her attorney failed to release her funds. The attorney caused a forged letter to be sent to bar counsel (appearing to be from the client) trying to withdraw the complaint; filed a frivolous civil case against her in retaliation; and tried to get her to withdraw the bar complaint to settle the retaliatory case. Resigned & Disbarred.

https://lnkd.in/eHMTf77x
#lawfedi

#LegaEthics Tidbit: Could a published court opinion contain confidential information?

In theory, yes, per the MA Bar Association. Embarrassing or detrimental information learned by a lawyer about a client is “confidential” unless “generally known.” Just because the information appears in a public document, it may not be “generally known,” and therefore a lawyer should not disclose an opinion containing such information (for example on the firm website) without client permission.

#lawfedi

#LegaEthics Tidbit: Can a law firm impose a 90-day minimum departure notice period for departing lawyers?

Probably not. The TX Prof. Ethics Committee, citing ABA Formal Opinion 489, opined that some notice period may be OK to aid case transition and protect client rights, but it may not be “set in stone” or effectively restrict a lawyer’s right to practice. What is reasonable will depend on the circumstances, but a 2-4 week period is “ordinarily defensible.”

https://lnkd.in/eAkDZU_G

#lawfedi

#LegaEthics Tidbit. Do not say this to the judge's clerk:

“You people do not know what the f&&k you are doing.”

A MN lawyer was suspended 120 days for, inter alia, a profanity laced phone call to a clerk that was so loud the clerk's supervisor could hear it over at the next desk. Violations included 8.4(d) (conduct prejudicial) and 4.4 (no substantial purpose but to burden 3d person). Nasty comments about the judge as well. Aggravated by prior discipline.

https://www.mncourts.gov/mncourtsgov/media/Appellate/Supreme%20Court/Standard%20Opinions/OPA201529-011123.pdf