A recent Order by the Delaware Court of Chancery restated the well-established case law that a motion to disqualify counsel that is based an alleged violation of the Delaware Lawyers’ Rules of Professional Conduct will not be granted unless it is shown by clear and convincing evidence that there is not only a violation of
legal ethics
Delaware Courts and Legal Ethics
By Francis Pileggi on
Posted in Court of Chancery Updates
A recent decision by the Delaware Court of Chancery provides an example of those rare instances where the court refers a violation of legal ethics to the Office of Disciplinary Counsel for investigation, as compared to the court itself determining the appropriate penalty. See Charter Communications Operating LLC v. Optymyze, LLC, et al., C.A. No.…
Delaware Choice-of-Law Provision Upheld
By Francis Pileggi on
Posted in Commentary, Other Court Decisions
Delaware case law is replete with decisions upholding provisions in contracts that choose Delaware as the governing law for any disputes related to an agreement. A recent Delaware decision adds to the large body of Delaware jurisprudence on this topic. See, e.g., selected decisions on choice-of-law enforceability from the Delaware Supreme Court and Delaware Court…
Delaware Court of Chancery Recites Standards Applicable to Non-Delaware Attorneys Admitted Pro Hac Vice
By Francis Pileggi on
Posted in Court of Chancery Updates
The Sequoia Presidential Yacht Group LLC v. FE Partners LLC, C.A. No. 8270-VCG (Del. Ch. July 5, 2013).
Issue Addressed: In this short letter opinion, the Delaware Court of Chancery reiterated the standard of conduct that will be applied to non-Delaware attorneys who apply for admission pro hac vice to practice in Delaware…
Delaware Supreme Court Gives Qualified Immunity to Court-Appointed Counsel
By Francis Pileggi on
Posted in Commentary, Selected Articles by Francis
Delaware Supreme Court on Rule 11 Violations
By Francis Pileggi on
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 legal ethics, has been violated. The article is available at this link. In…
Civility in the Legal Profession
By Francis Pileggi on
Posted in Commentary, Delaware Supreme Court Updates
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, have civility codes and principles of professionalism that are both aspirational and prescriptive. Instead…
New Articles of Interest to Delaware Corporate Lawyers and Litigators
By Francis Pileggi on
Posted in Commentary
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 of Corporate Law, Vol. 37, No. 2, features an article by Stanford Law Professor Joseph
…
Improper Notarization of Signature for Complaint Results in Dismissal
By Francis Pileggi on
Posted in Court of Chancery Updates
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 basis to dismiss the complaint under Delaware Court of Chancery Rule…
Delaware Supreme Court Clarifies Standards for Enforcement of Legal Ethics and Attorney Conduct
By Francis Pileggi on
Posted in Delaware Supreme Court Updates
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 judges seek to penalize lawyers for “not following the rules” of legal ethics …