I discuss a recent ABA Formal Ethics Opinion, and other authorities, that address the titular topic, in my latest ethics column for The Bencher, the national publication of The American Inns of Court, which I have been for publishing for the last 25 years.
legal ethics
Chancery Denies Motion for Disqualification of Counsel
By Francis Pileggi on
Posted in Chancery Court Updates
Prior blog posts over the last 19-plus years on these pages have addressed the difficulty of succeeding on a motion to disqualify counsel. The recent Delaware Court of Chancery decision in Brex Inc. v. Su, C.A. No. 2022-0758-MTZ (Del. Ch. May 22, 2024), is no exception.
This ruling explains why disqualification of counsel was…
Criteria for Judicial Recusal
By Francis Pileggi on
Posted in Selected Articles by Francis
This short overview provides the basic criteria to be considered when an issue is presented about judicial recusal…
Continue Reading Criteria for Judicial Recusal
Third Circuit Upholds Refusal to Disqualify Law Firm Under Legal Ethics Rules 1.9 and 1.10
By Francis Pileggi on
Posted in Selected Articles by Francis
In my latest ethics column for The Bencher, the publication of the American Inns of Court, I highlighted a decision of the U.S. Court of Appeals for the Third Circuit which upheld the refusal to disqualify a law firm based on legal ethics rules 1.9 and 1.10.
In sum, those rules codify the fundamental…
Chancery Provides Guidelines for Non-Delaware Lawyers Issuing Formal Delaware Legal Opinion Letters
By Francis Pileggi on
Posted in Chancery Court Updates
The Delaware Court of Chancery published a magnum opus a few days ago that should be required reading for all lawyers who prepare formal legal opinion letters for clients–and whose behavior is subject to review by the Delaware courts.
In Bandera Master Fund LP v. Boardwalk Pipeline Partners, LP, C.A. No. 2018-0372-VCL (Del. Ch.…
Supreme Court Clarifies Authority to Enforce Legal Ethics Rules
By Francis Pileggi on
Posted in Selected Articles by Francis
In my most recent ethics column appearing in the current issue of The Bencher, the publication of the American Inns of Court, I highlighted a recent Delaware Supreme Court decision which confirmed prior decisions that established Delaware’s High Court as the only body in the First State with the authority to enforce the Delaware…
Delaware State Bar Association Publishes Formal Opinion on Remote Lawyering
By Francis Pileggi on
Posted in Commentary
The Delaware State Bar Association’s Professional Ethics Committee, for which I serve as the current Vice Chair, recently published Formal Opinion 2021-1 (July 9, 2021), that addresses the legal ethics issues related to lawyers who work remotely in states where they are not licensed–such as from their homes–as many were required to do when their…
Professionalism Perspectives on Court Proceedings via Zoom
By Francis Pileggi on
Posted in Selected Articles by Francis
My latest ethics column for The Bencher, the national publication of the American Inns of Court, is on the titular topic, available at this hyperlink.
No Such Thing as “Local Counsel” in Delaware Court of Chancery
By Francis Pileggi on
Posted in Selected Articles by Francis
Courtesy of the Delaware Business Court Insider, we provide our article that appeared in the April 21, 2021 edition on an important topic for Delaware litigators.
No Such Thing as Local Counsel in Delaware Court of Chancery
By: Francis G.X. Pileggi* and Chauna A. Abner**
This is a compilation of selected key Delaware court…
Company’s Privileged Communications Must Be Provided to Board Members
By Francis Pileggi on
I have been writing an ethics column for the national publication of The American Inns of Court, called The Bencher, for about 24 years or so. My latest column appears in the current edition and is reproduced below, courtesy of The Bencher and The American Inns of Court.
Company’s Privileged Communications Must Be Provided to…