Delaware Supreme Court on Rule 11 Violations
In my most recent ethics column for The Bencher, I reviewed a recent Delaware Supreme Court decision that announced a new standard that will be followed in Delaware when a trial judge believes that Rule 11, or a rule of … Continue reading
Civility in the Legal Profession
The Wall Street Journal has a front page article today about programs designed to promote civility in the legal profession. Much has been written on these pages and elsewhere about this perennial lament about lawyers behaving badly. Many states, including Delaware, … Continue reading
New Articles of Interest to Delaware Corporate Lawyers and Litigators
Two law review articles of interest to Delaware corporate lawyers and litigators arrived in the U.S. mail today and are linked below. Both articles are authored by luminaries familiar to all who follow developments in corporate law: The Delaware Journal … Continue reading
Improper Notarization of Signature for Complaint Results in Dismissal
Bessenyei v. Vermillion, Inc., C.A. No. 7572-VCN (Del. Ch. Nov. 16, 2012). Issues Addressed: (1) Whether a notarized signature signed in the absence of a notary results in an invalid verification; and (2) Whether knowingly presenting an improperly notarized verification is a … Continue reading
Delaware Supreme Court Clarifies Standards for Enforcement of Legal Ethics and Attorney Conduct
Crumplar v. The Superior Court of the State of Delaware, No. 643 & 644, 2011 (Del. Supr., Oct. 22, 2012). Why this case is noteworthy: This Delaware Supreme Court opinion establishes new rules and standards that will govern when trial … Continue reading
District Court Disqualifies Firm Due to Client Representation of Over 15 Years Ago
We have written frequently on these pages about decisions that have addressed potential conflicts of interest in the litigation context, both real and imagined, in the state and federal courts. See, e.g., cases and articles on these pages here. The U.S. … Continue reading
Resources for Legal Ethics and Analysis
My regular ethics column for the The Bencher, the national publication of the American Inns of Court, appears in the current issue and compiles an array of resources that are available to shed light on issues of legal ethics. Unlike typical … Continue reading
Chancery Rules on Motion to Disqualify and Motion to Revoke Pro Hac Vice Admission; Addresses Legal Ethics Violations; Requires Disclosure of Potential Conflicts in Future Pro Hac Vice Motions
Manning v. Vellardita, C.A. No. 6812-VCG (Del. Ch. March 28, 2012), is an important decision of the Delaware Court of Chancery on legal ethics as applied to non-Delaware attorneys who appear before the Court pro hac vice. Issues Addressed: Whether … Continue reading
Corporate Lawyers as Gatekeepers
Professor Stephen Bainbridge, a corporate law scholar often cited in Delaware decisions, has written an article entitled: “Corporate Lawyers as Gatekeeper”, which was excerpted from his book titled: Corporate Governance After the Financial Crisis (Oxford University Press 2012). The article is … Continue reading
Abe Lincoln: A Source of Professional and Personal Guidance
Courtesy of Kevin O’Keefe is a listing of old-fashioned but still applicable, time-honored advice from my favorite U.S. President, Abraham Lincoln, for professional and personal guidance: Abe Lincoln Jason Baudendistel has a wonderful post today entitled ‘Why Your Business Should Be … Continue reading


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