What is the most ridiculous case someone has asked you to file?

The ABA Journal has asked its readers about the most ridiculous cases they have encountered, and the readers have responded with pages worth of stories. You can read them here. It is an entertaining read and there are some good examples to discuss the issues related to the duty not to file frivolous claims.

 

How not to practice law: Have sex with your client, then charge her for your time

The title says it all. The story is available here.

Thanks to Ross Good for sending me the link.

How not to practice law: help your boyfriend escape from prison and then post a photo of the two of you together on facebook just hours later

Continuing our long running list of really dumb things to do, this one could be one of my favorites:   The Legal Profession Blog is reporting today that an Oklahoma attorney has been allowed to resign her license after it was determined that she helped her boyfriend escape from prison.  As if that was not dumb enough, incredibly, she then proceeded to post a photo of the two of them together a few hours later on Facebook.  Go here, here and here.

What to keep in mind when using "social media"

Over at the Legal Ethics Forum, Nicole Hyland has posted a summary of remarks she is preparing to deliver at a conference on ethical issues related to the use of social media.  Her main theme is that

"there are four general ways that lawyers can get into trouble using social media.  First, they make a false distinction between their personal on-line interactions and their professional social media use.  Second, even when they have their lawyer "hats" on, they can run afoul of ethics rules, employment policies, or other rules.  Third, they misuse social media as an investigative or discovery tool.  Fourth, they fail to advise their clients adequately regarding their own use of social media"

Go here to read the article.

I would add a fifth possible problem, although it may be implied in all the ones mentioned above:  the most recent amendments to the model rules (and more than likely soon to be adopted by most states) added that knowledge about "technology" is part of the notion of competence under rule 1.1.  This means that lawyers are now expected to know about these things.  If they "get in trouble" because they did not really understand the possible risks involved in using social media, they could be held to be "incompetent" under the rule, which at least in theory could also be used as evidence of a breach of duty in tort.

Famous lawyer F. Lee Bailey denied admission in Maine

As readers of the blog probably know by now, it was recently reported that F. Lee Bailey has been denied admission in Maine, where he now resides.  He passed the bar exam, but a divided (5 to 4) State of Maine Board of Bar Examiners held that he did not meet his burden of demonstrating by clear and convincing evidence that he possesses the requisite good character and fitness necessary for admission to the Maine Bar.  For more go to Otherwise and the Legal Profession Blog.

Missouri Supreme Court to review case of judge who had her clerks handle cases while she was on vacation

Back in June I posted a note about a report that a Judge in Missouri was under investigation for allegedly allowing her clerks to handle litigation matters as she vacationed in China last year. Go here for the story.  Since then, the State's Commission on Retirement, Removal and Discipline recommended the judge be removed from office and now the Missouri Supreme Court will review the case.  The ABA Journal has the latest here.

Top Stories of 2012 - Canada edition

Here is a list to the top stories in Legal Ethics in Canada for 2012, as compiled by friend of the blog Prof. Alice Wolley.

Thanks to John Steele and the Legal Ethics Forum for the link.

Top stories of 2012

The Legal Ethics Forum has posted its annual top stories of the year list here.

New ABA Commission 20/20 proposals

The ABA Commission on Ethics 20/20 recently filed four resolutions and reports for the ABA House of Delegates to consider at its February 2013 midyear meeting.   Over at Legal Ethics Forum, Professor Andrew Perlman has posted summaries of the proposals and links to the relevant documents.  The proposals address issues relating to the increasing globalization of the legal marketplace and, with one exception, focus on issues arising for foreign lawyers seeking to practice in the U.S. (i.e., inbound foreign lawyers). 

Your Client Has Obtained Privileged Documents Belonging to the Adversary. What Do You Do Now?

Over at the Legal Ethics Forum, Nicole Hyland asks "Your client has obtained privileged documents belonging to the adversary. What do you do now?"  Go here for her answer and comments.