Articles

Counsel Disqualified after Arbitrator Discloses Panel Deliberations

By Thomas G. Wilkinson, Jr. and Michael P. Zabel

When ex parte communication leads to the disclosure of confidential panel deliberations to only one party, that party’s counsel runs the risk of disqualification from the proceedings.

State of New York Appeals Striking of Nonresident Office Requirement

By Chad A. Jira and Brian F. Toohey

Whether the plaintiff's favorable decision knocking out section 470’s office requirement will survive on appeal or perhaps prompt a legislative response remains to be seen.

Lawyer Websites: ABA Formal Opinion 10-457 and Beyond

By John C. Martin

A website revision is definitely in order, but can you accomplish it without running afoul of the ABA Model Rules of Professional Conduct or their state counterparts?

Loyalty under Attack: The Pernicious Prospective Waiver

By Lawrence J. Fox

Any prospective waiver should be subject to challenge by the affected client if the client can make a reasonable argument that the client's consent now turns out to be uninformed.

Contract Freedom, Advance Conflict Waivers: Fair Play for Consenting Adults

By Steven C. Krane

The following is a dramatization in three acts of a situation that, in words or substance, regularly occurs in the United States.

Accused of Bias, Judge Recuses Himself from 17 Ongoing Cases

By Thomas G. Wilkinson Jr. and Michael Zabel

Recent decisions enhance prosecutors' ability to conduct international investigations at a time when the DOJ is aggressively targeting international antitrust and FCPA violations.

Service During Disaster as a Form of Professionalism

By Larry D. Smith and Robert V. Goldsmith III

Recent weather-related disasters in the United States have heightened the importance of humility and assistance in the legal profession.

Ten Notable Conflict-of-Interest Rulings from the Last Year (or So)

By Nicholas B. Reuhs and Elizabeth H. Mykytiuk

Nicholas B. Reuhs and Elizabeth H. Mykytiuk discuss 10 cases from courts across the country that dealt with conflict of interest.

Allowing Lawyer Mobility: Why the ABA Should Adopt the Proposed Amendments to Model Rule 5.5(d)(3)

By Brian F. Toohey and Anne Marie Morris

This memorandum was submitted to the Ethics 20/20 commission in May 2011 by authors Brian Toohey and Anne Marie Morris.

New York's Requirement for Nonresident Attorneys Unconstitutional?

By Brian F. Toohey and James R. Small

New York law may violate the privileges and immunities clause of the Constitution.

Limited Scope Representation May Fall Within N.Y.R.P.C. 1.2

By Scott E. Reiser

The New York County Lawyers’ Association issued an opinion discussing limited representation by attorneys of pro se litigants in New York courts.

Counsel in BARBRI Class Action Denied Multi-Millon-Dollar Fee

By Nicholas B. Reuhs

Class counsel McGuireWoods has been denied an eight-figure fee in view of a perceived conflict of interest.

Safe Harbors Shrinking for Pro Hac Vice Litigators

By Brian F. Toohey

State supreme courts and bar-governance organizations have or soon will have requirements in place that make pro hac vice admission harder.

What’s at Stake Representing Your Client’s Individual Representatives

By John C. Martin

There are practical and ethical considerations in making informed decisions when representing a corporate client’s individual employees or officers.

Reflections on the 30th Anniversary of In re Eimers

By Larry D. Smith

Eimers is an important benchmark in a longer journey. There are many challenges still facing gay attorneys.

Addressing Attire Issues in the Courtroom

By Bobbi K. Flowers

Recently, the Michigan Supreme Court has been attempting to manage the appearance of people appearing in Michigan state courts.

Potential Concerns with Testimonials on Professional/Social Media

By Gregory Hanthorn

Care must be taken when creating and updating profiles to avoid running afoul of some state interpretations of bar regulations.

A Potential Ethical Dilemma in a Political Setting

By George DeRoy

In a recent election for city attorney of Los Angeles, the top primary vote-getters ran in a runoff election. The campaigns were not models of civility.