LER No. 60 - PA Bans Sexting w/ Clients, CA Rejects Portfolio Bar, TikTok Judge Suspended, Bullying Prevalent in Law, More SCOTUS Ethics & a Personal Note (10.14.24)
The Legal Ethics Roundup - your Monday morning tour of all things related to lawyer and judicial ethics with University of Houston law professor Renee Knake Jefferson
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Highlights from Last Week - Top Ten Headlines
#1 CA Rejects New Portfolio Bar Exam. From Reuters: “The bar exam will remain the only way for new attorneys to become licensed in California. The Supreme Court of California on Thursday rejected a proposed alternative pathway that would have enabled law school graduates to become licensed after spending four to six months working under the supervision of an experienced attorney and submitting an acceptable portfolio of legal work. Obtaining a California law license through the Portfolio Bar Exam, which would have involved applicants working with actual clients, would have implicated an ‘array of ethical and practical problems’ the court wrote in its order denying approval of the alternative.” Read more here.
#2 Lawyer-Turned-Novelist Discusses Legal Ethics. From Above the Law’s Jabot Podcast: Join Kathryn Rubino as she talks “with Luba Shur, author of the forthcoming novel Rule 23, about her journey from law to novelist. Discover her insights on legal ethics, the myth of class actions, and how she balances writing with a legal career. ” Listen here.
#3 Unethical to Lure Away Clients? From the ABA Journal: “Nixon Peabody has filed a lawsuit alleging that its clients were improperly lured away by personal injury law firm Shaheen & Gordon through use of ‘scare tactics’ and false promises. Nixon Peabody filed the suit with its co-counsel Rilee & Associates, Law.com reports. The two firms allege that Shaheen & Gordon ‘improperly enticed’ their clients to switch firms before submitting their claims to a settlement fund, according to Law.com. The clients were survivors of abuse at the Sununu Youth Services Center.” Read more here.
#4 Judge Suspended over TikTok Lip Sync Performances. From Bloomberg Law: “A judge who posted TikTok videos of himself lip syncing to Rihanna, Miguel, and Busta Rhymes was suspended by the New Jersey Supreme Court. The court ordered Superior Court Judge Gary N. Wilcox off the bench for three months due to a series of videos he released in chambers and from his bed—sometimes wearing his judicial robe—grooving to pop songs or meme-worthy movie clips.” Read more here.
#5 “Trump’s Disbarred Lawyers Have a Plan for After His 2024 Victory.” From Scott Cummings in Slate: “For the past four years, I have carefully studied what has happened to the lawyers involved in the 2020 election attack. Rudy Giuliani’s disbarment in Washington caps an extraordinary period of multistate action by the nation’s leading bar associations to punish the attack’s legal architects, including Trump private attorney John Eastman and Department of Justice lawyer Jeffrey Clark. Their cases serve as a warning to lawyers that the bar intends to hold a firm line against lawyers who attack American democracy. But Trump lawyers have a plan to fight back. It centers on installing loyal Trump lawyers from 2020 in key positions of government power—and removing them from the very professional regulations that helped to protect our constitutional system the last time around.” Read the full op-ed here.
#6 New PA Professional Conduct Rule Prohibits Sexting with Clients. From Law.com: “Pennsylvania's prohibition on sex between lawyers and their clients now covers more than just physical acts. A new amendment to the state's Rules of Professional Conduct says those restrictions also apply to sexting. The Pennsylvania Supreme Court on Wednesday greenlit the change to RPC 1.8(j), the rule barring lawyers from having sexual relations with a client unless their sexual relationship predated their professional one. The new language explains that, ‘Sexual relations' includes, but is not limited to, communications of a sexual nature.’” Read more here.
#7 “Supreme Court Reform is in the Air”. From David French in the New York Times: “This year, two prominent Democrats released two different plans for Supreme Court reform. One came from President Biden and is worth serious thought. The other, which came from Senator Ron Wyden (and a number of other Democratic legislators), would escalate the nation’s judicial wars and perhaps even harm our nation’s constitutional order. Biden is right to propose term limits for Supreme Court justices; Wyden is wrong to propose adding justices to the Supreme Court. … The problem with the current court isn’t with its decisions (even if I disagree with a number of its recent opinions). Rather, it’s with the way the political branches have gamed the system in a manner that complies with the letter of the Constitution but violates its spirit.” Read the full op-ed here (gift link).
#8 “Bullying Is ‘Prevalent’ in the Legal Profession, New Study Finds.” From David Lat - Original Jurisdiction: “As the father of a school-age child, I worry about bullying. But bullying extends well beyond the playground. It follows us into adulthood—and even into the legal profession, according to a noteworthy new report that was released last week. Considering the challenges that lawyers already face, the idea of having to navigate them in the face of bullying behavior should trouble anyone concerned about lawyer wellness. Twenty-four percent of lawyers experienced bullying within the past year, the study found. It was based on responses from more than 6,000 Illinois lawyers who completed a survey commissioned by the Illinois Supreme Court Commission on Professionalism in fall 2023.” Read more here.
#9 Australian Lawyer Faces Discipline for Relying on AI. From The Guardian: “A Melbourne lawyer has been referred to the Victorian legal complaints body after admitting to using artificial intelligence software in a family court case that generated false case citations and caused a hearing to be adjourned.” Read more here.
#10 Clio 2024 Legal Trends Report Released. From Legal IT Professionals: “Clio, the leading provider of cloud-based legal technology, has released its ninth Legal Trends Report, highlighting key developments in the legal industry. This year’s report focuses on the rapid adoption of AI, the rise of flat fees, increased investment in technology and marketing, and ongoing challenges in client intake. … Overall, Clio’s Legal Trends Report provides valuable insights into how AI, flexible billing, and technology are shaping the legal industry, offering actionable strategies for law firms to stay competitive and enhance client engagement.” Read more here.
A Personal Note
Some of you know that I published a very personal article in Newsweek on Thursday. It’s not about legal ethics, so isn’t in the list of headlines. Want to check it out? Here’s the link to “Pregnant at 50, I Faced Life and Death Dictated by State Borders.” Want the short version? Check out this X/Twitter thread for a summary.
Where’s the Rest of the Roundup?
Revisit the “Welcome Back Edition” for an explanation of the new format. And keep an eye out for next month’s “First Monday Edition” with reading recommendations, analysis, reforms watch, jobs, events, and much more.
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