ethics

I previously wrote about Clifford Shoemaker, the Virginia attorney with the flexible ethical standards and his quest to shut down blogger Kathleen Seidel, here in Subpoena Sleaze and here in Take That Ass Hat. Sometimes...

Louis Schneider was an associate at a Las Vegas law firm when he discovered evidence that his boss, who was about to make him a partner, had misappropriated trust funds. Nevada, like most bars, has a "snitch rule" -- meaning that if you find out about an ethical violation...

A lawyer files a personal injury suit arising from vaccine use and autism. A blogger writes about the subject and criticizes the plaintiff's attorney. The plaintiff's attorney issues a subpoena demanding the following: all documents pertaining to the setup, financing, running, research, maintaining the website http://www.neurodiversity.com“ – including but...

I (along with anyone else who respects the Constitution) say that the best cure for bad speech is more speech, not censorship. However, I frequently hear a whiny retort to that: With the internet, things are different. There is some merit to that argument, since a lie...

Does anyone wonder if Salvatore Rivieri was the inspiration for the Farva character in Super Troopers? Watch this video and judge for yourself. This is what happens when you hire police officers without screening their psychological profile first. Officer Salvatore Rivieri, a 17-year veteran of the Baltimore police force,...

I'm not sure how I feel about this Child molester pleads to practice law On one hand, I really can't see why he should get his license back. On the other hand, turning someone into a man with nothing to lose is a sure fire way to guarantee that he does...

I was a little flabbergasted by how the law firm that claimed that copyright law prohibits the republication of a cease and desist letter. That issue discussed here: Copyright vs. Free Speech in Cease and Desist Letters. Watching the firm keep on digging is starting to feel like watching a train wreck. One commenter said:
Dozier, the more you post the more paranoid you appear... [i]n the end, you'll make a fool out of yourself and your law firm. (source)
Agreed. But lets unpack the arguments: In criticizing "liberal 'free speech' types" (his words) who believe in fair use, John Dozier gives us this mind boggling twist:
A fellow professor recently asked for a recommendation on texts or articles that would be useful for teaching ethics. I found this to be heart warming that the professor cared enough to do such research, but I wasn't really able to offer a direct answer. My “professional responsibility” class in law school was about as useless for teaching me ethics as the MPRE was for testing the subject. On the other hand, sitting having a beer with more experienced attorneys has imparted more wisdom than any textbook or law review article ever did or could. I try and inject PR/Ethics into my classes through introducing my students to other practitioners, and sharing real-life stories about how it “really works in practice.” When it comes to Ethics, I have never found a book or article good for anything but wrapping fish or lining bird cages. When it comes to ethics, here’s what I try and instill in my students:
Professor Scott Moss of the University of Colorado has a great comment on the Imus defamation suit
This is a classic case of a plaintiff who's justifiably enraged about something that's not illegal (racist insults) and therefore filed a lawsuit dubiously asserting something that is illegal (false factual statements about sexual practices). When I was a full-time plaintiff's lawyer, I often had to talk clients off the ledge when they were upset at serious mistreatment but simply didn't have any real legal claim to file in court, telling them, "Look, I know you're upset about X, but you can't sue for X; you can sue only for Y, and you can't prove Y." (I'm paraphrasing for brevity; I usually tried to express a little more empathy in such situations). (source)