Ed. note: Please welcome Renee Knake Jefferson back to the pages of Above the Law. Subscribe to her Substack, Legal Ethics Roundup, here.
Happy Monday!
Hello from California! This week I’m in the Bay Area participating in a leadership conference organized by Women Execs on Boards, an off-shoot of Harvard Business School’s Women on Boards, after spending the weekend at the Omega Institute in upstate New York. (I’m gathering lots of ideas for the next edition of my book Law, Leadership, and Pipelines to Power, co-authored with Hannah Johnson, the new dean of Southern Illinois University Simmons Law School.)
But don’t worry, my coast-to-coast travel hasn’t kept me from following the legal ethics headlines and there was plenty of news last week. Also — hot off the press 🔥 — my latest article was published by the Cardozo Law Review last week too. You can download Ethics Accountability: The Next Era for Lawyers and Judges for free here. (And yes, for my TS fans, the title is a nod to our favorite musical artist. Counting the days until 10/3! 🧡 IYKYK)
Highlights from Last Week – Top Ten Headlines
#1 “US Appeals Court Overturns Free Speech Ruling for Legal Advice Nonprofit Upsolve.” From Reuters: “A U.S. appeals court on Tuesday set aside a ruling that blocked New York from enforcing rules prohibiting the unauthorized practice of law against a nonprofit that provides limited legal advice to poor people in the state. The 2nd U.S. Circuit Court of Appeals said, the lower court applied the wrong standard of review to the rules when it decided in May 2022 that New York nonprofit Upsolve’s program, which trained people who aren’t lawyers to provide free legal advice to people facing debt-collection lawsuits, was protected under the U.S. Constitution’s 1st Amendment.” Read more here. (Full disclosure: I am part of a group of legal ethics scholars who filed a brief on behalf of Upsolve. Check it out here.)
#2 “Two Years of Fake Cases and the Courts are Ratcheting up the Sanctions.” From the Massachusetts Office of Bar Council: “In June 2023, the U.S. District Court for the Southern District of New York imposed the first-ever sanctions against attorneys for their improper use of generative AI in court pleadings in the Mata v. Avianca, Inc. case. … In the two years since Mata, the American Bar Association (ABA), state ethics authorities, and courts have issued guidance, opinions, and orders regarding the use of AI in the practice of law. In addition to the individual publications, legal information sites such as LawSites and Justia have made many of these resources easily accessible on their websites. Further, many bar associations, legal publications, and continuing legal education providers have provided guidance, training, and information on using AI ethically in various types of law practices. Despite the increasing availability of information relating to AI’s ability to generate fabricated content, many more lawyers have been sanctioned by courts and disciplined by disciplinary authorities for the very same conduct” Read more here. (H/T Bob Ambrogi on LinkedIn)
#3 “Wis. Judicial Commission Sued Over Confidentiality Rules.” From Law360: “Two conservative groups have sued the Wisconsin Judicial Commission over its policy of keeping all judicial misconduct complaints strictly confidential, claiming the policy violates the First Amendment and has stymied discussion.” Read more here.
#4 “These fired DOJ Lawyers are Finding New Ways to Make a Difference.” From NPR: “Inside a sunny conference room across the river from Washington, D.C., Monika Isia Jasiewicz described her unlikely path this year. It started when she received an invitation to the inauguration from her Yale Law School classmate JD Vance. Less than two weeks later, she and more than a dozen other government lawyers who prosecuted people who stormed the U.S. Capitol on Jan. 6, 2021, received another message from the new Trump administration. They were fired — by email.” Read more and listen here.
#5 “Prof. Ellen Yaroshefsky Signs Amicus Briefs on Judicial Guidance Transparency and Free Speech Regulation” From Hofstra Law School: “Hofstra Law Professor Ellen Yaroshefsky, along with seven other legal scholars, signed an amicus brief supporting the New York Civil Liberties Union’s (NYCLU) request for access to court memos that provide judges with guidance on interpreting and applying legal precedents and statutes.” Read more here.
#6 “’Alligator Alcatraz’ Detainees Continue to Face Obstacles to Meet With Lawyers, Court Papers Allege.” From WUSF/NPR/Associated Press: “The filings say detainees are often transferred just before scheduled lawyer visits, denying them legal representation.” Read more here.
#7 “Justice in Action: With ABA Support, Colombia Drafts a Declaration of Judicial Ethics” From the ABA Journal. Read more here.
#8 “Bill Giving White House More Control Of DC Judges Advances.” From Law360: “The House Oversight and Government Reform Committee has advanced a bill on party lines that would abolish the commission in Washington D.C. that meets and picks potential judicial nominees for the district’s local courts.” Read more here.
#9 “California Supreme Court Disbars L.A. Attorney Who Misled and Overcharged Inmates.” From the State Bar of California: “‘California attorneys are entrusted with a duty to act in the best interests of their clients,’ said Chief Trial Counsel George Cardona. ‘By preying on incarcerated individuals and their families and charging them unconscionable fees for his own personal gain, Mr. Spolin committed egregious misconduct. His disbarment serves to protect the public and maintain trust in the legal profession.’” Read more here.
#10 “Ban on Bullying at the Bar.” From A Lawyer Writes Substack: “An independent review of bullying, harassment and sexual harassment of barristers in England and Wales has recommended decisive action to protect the reputation of the bar from the stain of misconduct.” Read more here. And see the Financial Times for additional coverage: “Bullying judges and barristers enjoy ‘culture of impunity’, review finds.”
Get Hired
Did you miss the 350+ job postings from previous weeks? Find them all here.
Upcoming Ethics Events & Other Announcements
Did you miss an announcement from previous weeks? Find them all here.
Keep in Touch
News tips? Announcements? Events? A job to post? Reading recommendations? Email legalethics@substack.com – but be sure to subscribe first, otherwise the email won’t be delivered.
Renee Knake Jefferson holds the endowed Doherty Chair in Legal Ethics and is a Professor of Law at the University of Houston. Check out more of her writing at the Legal Ethics Roundup. Find her on X (formerly Twitter) at @reneeknake or Bluesky at legalethics.bsky.social.
The post Legal Ethics Roundup: Bullying Ban, Upsolve Overturned, Lawyers Denied In ‘Alligator Alcatraz,’ Limits On DC Judges, Hallucination Sanctions & More appeared first on Above the Law.
Ed. note: Please welcome Renee Knake Jefferson back to the pages of Above the Law. Subscribe to her Substack, Legal Ethics Roundup, here.
Happy Monday!
Hello from California! This week I’m in the Bay Area participating in a leadership conference organized by Women Execs on Boards, an off-shoot of Harvard Business School’s Women on Boards, after spending the weekend at the Omega Institute in upstate New York. (I’m gathering lots of ideas for the next edition of my book Law, Leadership, and Pipelines to Power, co-authored with Hannah Johnson, the new dean of Southern Illinois University Simmons Law School.)
But don’t worry, my coast-to-coast travel hasn’t kept me from following the legal ethics headlines and there was plenty of news last week. Also — hot off the press 🔥 — my latest article was published by the Cardozo Law Review last week too. You can download Ethics Accountability: The Next Era for Lawyers and Judges for free here. (And yes, for my TS fans, the title is a nod to our favorite musical artist. Counting the days until 10/3! 🧡 IYKYK)
Highlights from Last Week – Top Ten Headlines
#1 “US Appeals Court Overturns Free Speech Ruling for Legal Advice Nonprofit Upsolve.” From Reuters: “A U.S. appeals court on Tuesday set aside a ruling that blocked New York from enforcing rules prohibiting the unauthorized practice of law against a nonprofit that provides limited legal advice to poor people in the state. The 2nd U.S. Circuit Court of Appeals said, the lower court applied the wrong standard of review to the rules when it decided in May 2022 that New York nonprofit Upsolve’s program, which trained people who aren’t lawyers to provide free legal advice to people facing debt-collection lawsuits, was protected under the U.S. Constitution’s 1st Amendment.” Read more here. (Full disclosure: I am part of a group of legal ethics scholars who filed a brief on behalf of Upsolve. Check it out here.)
#2 “Two Years of Fake Cases and the Courts are Ratcheting up the Sanctions.” From the Massachusetts Office of Bar Council: “In June 2023, the U.S. District Court for the Southern District of New York imposed the first-ever sanctions against attorneys for their improper use of generative AI in court pleadings in the Mata v. Avianca, Inc. case. … In the two years since Mata, the American Bar Association (ABA), state ethics authorities, and courts have issued guidance, opinions, and orders regarding the use of AI in the practice of law. In addition to the individual publications, legal information sites such as LawSites and Justia have made many of these resources easily accessible on their websites. Further, many bar associations, legal publications, and continuing legal education providers have provided guidance, training, and information on using AI ethically in various types of law practices. Despite the increasing availability of information relating to AI’s ability to generate fabricated content, many more lawyers have been sanctioned by courts and disciplined by disciplinary authorities for the very same conduct” Read more here. (H/T Bob Ambrogi on LinkedIn)
#3 “Wis. Judicial Commission Sued Over Confidentiality Rules.” From Law360: “Two conservative groups have sued the Wisconsin Judicial Commission over its policy of keeping all judicial misconduct complaints strictly confidential, claiming the policy violates the First Amendment and has stymied discussion.” Read more here.
#4 “These fired DOJ Lawyers are Finding New Ways to Make a Difference.” From NPR: “Inside a sunny conference room across the river from Washington, D.C., Monika Isia Jasiewicz described her unlikely path this year. It started when she received an invitation to the inauguration from her Yale Law School classmate JD Vance. Less than two weeks later, she and more than a dozen other government lawyers who prosecuted people who stormed the U.S. Capitol on Jan. 6, 2021, received another message from the new Trump administration. They were fired — by email.” Read more and listen here.
#5 “Prof. Ellen Yaroshefsky Signs Amicus Briefs on Judicial Guidance Transparency and Free Speech Regulation” From Hofstra Law School: “Hofstra Law Professor Ellen Yaroshefsky, along with seven other legal scholars, signed an amicus brief supporting the New York Civil Liberties Union’s (NYCLU) request for access to court memos that provide judges with guidance on interpreting and applying legal precedents and statutes.” Read more here.
#6 “’Alligator Alcatraz’ Detainees Continue to Face Obstacles to Meet With Lawyers, Court Papers Allege.” From WUSF/NPR/Associated Press: “The filings say detainees are often transferred just before scheduled lawyer visits, denying them legal representation.” Read more here.
#7 “Justice in Action: With ABA Support, Colombia Drafts a Declaration of Judicial Ethics” From the ABA Journal. Read more here.
#8 “Bill Giving White House More Control Of DC Judges Advances.” From Law360: “The House Oversight and Government Reform Committee has advanced a bill on party lines that would abolish the commission in Washington D.C. that meets and picks potential judicial nominees for the district’s local courts.” Read more here.
#9 “California Supreme Court Disbars L.A. Attorney Who Misled and Overcharged Inmates.” From the State Bar of California: “‘California attorneys are entrusted with a duty to act in the best interests of their clients,’ said Chief Trial Counsel George Cardona. ‘By preying on incarcerated individuals and their families and charging them unconscionable fees for his own personal gain, Mr. Spolin committed egregious misconduct. His disbarment serves to protect the public and maintain trust in the legal profession.’” Read more here.
#10 “Ban on Bullying at the Bar.” From A Lawyer Writes Substack: “An independent review of bullying, harassment and sexual harassment of barristers in England and Wales has recommended decisive action to protect the reputation of the bar from the stain of misconduct.” Read more here. And see the Financial Times for additional coverage: “Bullying judges and barristers enjoy ‘culture of impunity’, review finds.”
Get Hired
Did you miss the 350+ job postings from previous weeks? Find them all here.
Upcoming Ethics Events & Other Announcements
Did you miss an announcement from previous weeks? Find them all here.
Keep in Touch
News tips? Announcements? Events? A job to post? Reading recommendations? Email legalethics@substack.com – but be sure to subscribe first, otherwise the email won’t be delivered.
Renee Knake Jefferson holds the endowed Doherty Chair in Legal Ethics and is a Professor of Law at the University of Houston. Check out more of her writing at the Legal Ethics Roundup. Find her on X (formerly Twitter) at @reneeknake or Bluesky at legalethics.bsky.social.
The post Legal Ethics Roundup: Bullying Ban, Upsolve Overturned, Lawyers Denied In ‘Alligator Alcatraz,’ Limits On DC Judges, Hallucination Sanctions & More appeared first on Above the Law.
