Bad Lawyering vs. Bad Judging

19 Jan 2011

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The Appellant’s brief in support of its Motion for Rehearing or Certification to the Supreme Court in the decision of the United States Fifth District Court of Appeals, in Marion v. Orlando Paint and Rehabilitation surely does counsel no credit.

That said, it does a Court no credit when its practice is to dismiss cases on their merits without issuing reasons.

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By: Franco Tarulli Category: Advocacy, Conduct, Courts, Lawyers Tags: , , , , , , , , , , , ,

“Bloom Where You’re Planted”: Bankruptcy as a Character and Fitness Issue

18 Jan 2011

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Elie Mystal at Above the Law can’t seem to believe that Hassan Jonathan Griffin’s bankruptcy should exclude him from the practice of law on the basis of character and fitness concerns, when his bankruptcy arose from debt incurred while obtaining his law degree, and his present desire to practice law as a public defender on a part time basis.

Well, believe it.

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By: Franco Tarulli Category: Conduct, Lawyers Tags: , , , , , , , , , , , , , ,

Ethics without empathy

15 Jan 2011

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The University of Michigan News Service reports, depressingly, that today’s college students are not as empathetic as college students of the 80s and 90s.

If that’s true, it does not bode well for the future of the service professions.

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By: Franco Tarulli Category: Conduct, Governance, Lawyers Tags: , , , , , , , , , , , , , , , , , ,

Legal Ethics Hero: Greg Adler

8 Jan 2011

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First; a hat tip to John Steele at Legal Ethics Forum, whose post alerted me to this story.

Second; I am going to make my apologies to Jack Marshall at Ethics Alarms, who periodically recognizes good ethical behavior with a shout out to the ethical person, calling him or her an Ethics Hero.  I am borrowing his practice for this post, because there is no other proper way to recognize Greg Adler’s work, other than by calling him a hero.

Greg Adler is a young California lawyer, who spent over 12oo of his own hours uncovering an insidious tow truck scam that stole from people with average and lower income and undermined the credibility of the Santa Clara justice system.

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By: Franco Tarulli Category: Conduct, Judges, Judicial conduct, Lawyers

In-house counsel and the loss of solicitor-client privilege: Update

8 Jan 2011

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In July of last year, I wrote about the case of Gucci America, Inc. v. Guess?, Inc. et al, 09 Div. 4373 (SAS), where a Magistrate Judge of the Southern District of the United States Federal Court found that Gucci’s communications with its in-house counsel were not privileged because his status with the relevant bar was inactive.

At the time, I stated that the opinion was deeply flawed, and ought to be appealed.

Fortunately, the decision has been appealed, and Southern District Judge Shira A. Scheindlin held that Gucci was entitled to assume its communications with in-house counsel were privileged, absent indications to the contrary.

This is a far better reasoned result, and one which better squares with the expectations of real-world clients.

By: Franco Tarulli Category: Conduct, Courts, Lawyers Tags: , , , , , , , , , , , , , , ,
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