For the last 30 years, I have been writing an ethics column for the national publication of The American Inns of Court called The Bencher. My latest column is about a recent lawsuit filed by the U.S. Department of Justice against the District of Columbia Office of Disciplinary Counsel for the weaponization of that office
legal ethics
When Does Friendship Require Judicial Recusal
The titular topic was the subject of my latest ethics column for The Bencher, the flagship publication of the American Inns of Court. I have been writing the ethics column for over 25 years, during which I have written many articles on the topic of judicial recusal, some of which are linked in this…
Ethical Preparation of a Witness
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.
Chancery Denies Motion for Disqualification of Counsel
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…
Do Legal Ethics Rules Provide Guidance for Responding to False Accusations?
My latest column on legal ethics for the flagship publication of the American Inns of Court, The Bencher, addresses the titular topic. During the more than 25 years that I have penned the legal ethics column, this topic may be among the most challenging. That is, do the rules of legal ethics provide any…
Prosecutorial (Lack of) Discretion
I have written an ethics column over the last quarter of a century for the flagship publication of the American Inns of Court. About 7 years ago I wrote about prosecutorial discretion, and the lack thereof, in connection with a California travesty of a prosecution. I thought it was useful to “dust it off”.
Criteria for Judicial Recusal
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
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
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
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…