{"id":137554,"date":"2025-11-24T17:47:12","date_gmt":"2025-11-25T01:47:12","guid":{"rendered":"https:\/\/xira.com\/p\/2025\/11\/24\/legal-ethics-roundup-judicial-burn-dissent-high-stakes-poker-player-lawyer-risks-it-all-ai-faked-evidence-doj-misconduct-more\/"},"modified":"2025-11-24T17:47:12","modified_gmt":"2025-11-25T01:47:12","slug":"legal-ethics-roundup-judicial-burn-dissent-high-stakes-poker-player-lawyer-risks-it-all-ai-faked-evidence-doj-misconduct-more","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2025\/11\/24\/legal-ethics-roundup-judicial-burn-dissent-high-stakes-poker-player-lawyer-risks-it-all-ai-faked-evidence-doj-misconduct-more\/","title":{"rendered":"Legal Ethics Roundup: \u2018Judicial Burn\u2019 Dissent, High-Stakes Poker Player Lawyer Risks It All, AI-Faked Evidence, DOJ Misconduct & More\u00a0"},"content":{"rendered":"

Ed. note<\/u>: Please welcome Renee Knake Jefferson back to the pages of Above the Law. Subscribe to her Substack, Legal Ethics Roundup,\u00a0<\/strong>here<\/a>.<\/em><\/p>\n

Welcome to what captivates, haunts, inspires, and surprises me every week in the world of legal ethics.<\/strong><\/p>\n

Hello from Arizona. And happy early Thanksgiving. I\u2019ve been fortunate to start the week with two of my best girlfriends, wrapping up our long weekend getaway in the Santa Catalina Mountains. This rainbow greeted us on our first day!<\/p>\n

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Santa Catalina Mountains, Arizona (photo by Renee Jefferson)<\/figcaption><\/figure>\n

Many of us\u2014but not all of us\u2014will enjoy a break from work or school over this holiday week. Time with family and friends can be a respite for some, but others may be separated from or missing loved ones. Wherever you find yourself, I wish you many moments for\u00a0gratitude<\/a><\/strong>.<\/p>\n

I hope you know how grateful I am for this community. Thank you for reading, subscribing, sending me your thoughts, and sharing the LER with others.<\/p>\n

Share Legal Ethics Roundup<\/a><\/p>\n

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Photo by Renee Jefferson<\/figcaption><\/figure>\n

We are wrapping up November with a week of many, many legal ethics headlines. So you get an extra five. Read on below.<\/p>\n

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Highlights from Last Week\u00a0\u2013 Top\u00a0Ten<\/s>\u00a0Fifteen Headlines<\/h3>\n

#1 \u201cThe Unraveling of the Justice Department. Sixty Attorneys Describe a Year of Chaos and Suspicion.\u201d\u00a0<\/strong>From\u00a0The New York Times:\u00a0<\/strong>\u201cPresident Trump\u2019s<\/strong>\u00a0second term has brought a period of turmoil and controversy unlike any in the history of the Justice Department. Trump and his appointees have blasted through the walls designed to protect the nation\u2019s most powerful law enforcement agency from political influence; they have directed the course of criminal investigations, openly flouted ethics rules and caused a breakdown of institutional culture. To date, more than 200 career attorneys have been fired, and thousands more have resigned. \u2026We interviewed more than 60 attorneys who recently resigned or were fired from the Justice Department. Much of what they told us is reported here for the first time.\u201d Read more\u00a0here<\/a><\/strong>\u00a0(gift link).<\/p>\n

\u201cThey didn\u2019t want the ethics office calling them up and telling them what to do.\u201d<\/p>\n

Joseph Tirrell<\/strong>, former director of the Departmental Ethics Office<\/p>\n

#2 \u201cTrusting the Machine: Legal Ethics in the Era of Automated Decision-Making.\u201d\u00a0<\/strong>From\u00a0Legal Reader:\u00a0<\/strong>\u201cImagine a world where algorithms set bail, draft legal briefs, and issue sentences. As court systems explore automation in law, ethical considerations, questions about fairness, accountability, and transparency come to the fore. Can we trust machines with decisions that affect liberty and justice? This shift raises urgent ethical issues in automated decision-making and tests our commitment to legal ethics in artificial intelligence.\u201d Read more\u00a0here<\/a><\/strong>.<\/p>\n

#3 \u201cFormer SCOTX Chiefs Make Case for Judicial Independence.\u201d\u00a0<\/strong>From\u00a0The Texas Lawbook:\u00a0<\/strong>\u201cIn a recent joint appearance at a public policy forum in Austin, three former Texas Supreme Court chief justices discussed encroachments by the legislative branch on judicial independence and an increase in hot-button issues being directed into state courts.\u201d Read more\u00a0here<\/a><\/strong>. (Full disclosure \u2013 I\u2019m married to one of the former SCOTX Chiefs \u2014\u00a0Wallace B. Jefferson<\/strong>. If you don\u2019t know our\u00a0\u201cLoving\u201d story<\/a><\/strong>, check it out\u00a0here<\/a><\/strong>.)<\/p>\n

#4 \u201cJudge Horrified as Lawyers Submit Evidence in Court That Was Faked With AI.\u201d\u00a0<\/strong>From\u00a0Futurism:\u00a0<\/strong>\u201cLawyers across the country have been landing themselves in hot water for submitting botched court documents written with the help of AI, in blunders that were clear signs of the tech\u2019s rapid inroads into the courtroom. But it was only a matter of time before AI wasn\u2019t just producing clerical errors, but actual submitted \u2018evidence.\u2019 That\u2019s what recently played out in a California court over a housing dispute \u2014 and it didn\u2019t end well for the AI-fielding party. As NBC News reports, the plaintiffs in the case,\u00a0Mendones v. Cushman & Wakefield, Inc.<\/em>, submitted a\u00a0strange video<\/a><\/strong>\u00a0that was supposed to be witness testimony. In it, the witness\u2019s face is fuzzy and barely animated. Aside from the rare blink, the only noticeable movement comes from her flapping lips, while the rest of her expression remains unchanged. There\u2019s also a jarring cut, after which the movements repeat themselves. In other words, it was obviously an AI deepfake. And according to the reporting, it might be one of the first documented instances of a deepfake being submitted as purportedly authentic evidence in court \u2014 or at least one that was caught.\u201d Read more\u00a0here<\/a><\/strong>.<\/p>\n

#5 \u201cJerry\u2019s Jeremiad: A Wild Dissent Roils Texas Redistricting Debate. You\u2019ve Never Seen a Judicial Burn Quite Like This One.\u201d\u00a0<\/strong>From\u00a0Politico:\u00a0<\/strong>\u201cWhen a judge warns readers to \u2018Fasten your seatbelts!\u2019 before a 104-page legal diatribe \u2014 best to buckle up.\u00a0Jerry Smith<\/strong>, a judge on the 5th Circuit Court of Appeals, delivered that admonition before launching into an\u00a0invective-laden, unusually personal excoriation<\/a><\/strong>\u00a0of a legal decision Tuesday throwing out congressional boundaries Texas just redrew at the urging of\u00a0President Donald Trump<\/strong>.\u201d Read more\u00a0here<\/a><\/strong>.<\/p>\n

#6 \u201cHow a Top DC Lawyer and High-Stakes Poker Player Risks Losing It All.\u201d\u00a0<\/strong>From\u00a0Washingtonian:\u00a0<\/strong>\u201c[Tom] Goldstein\u2019s<\/strong>\u00a0problems have caught the local legal community off guard. \u2018The whole thing is extremely shocking, to have a prominent lawyer be indicted for federal crimes,\u2019 says one Supreme Court lawyer. \u2018I would say it\u2019s less shocking that it was Tom than if it was some other lawyer, just in the sense that he\u2019s always been an unorthodox guy. He\u2019s always been a risk taker.\u2019 But why did one of Washington\u2019s top lawyers risk everything to play cards?\u201d Read more\u00a0here<\/a><\/strong>.<\/p>\n

#7 \u201cFederal Judge Blasts Potential \u2018Government Misconduct\u2019 in Comey Case.\u201d\u00a0<\/strong>From the\u00a0Washington Post:\u00a0<\/strong>\u201cA federal judge on Monday offered a blistering assessment of the Justice Department\u2019s case against former FBI director\u00a0James B. Comey<\/strong>, detailing what he described as a \u2018disturbing pattern of profound investigative missteps\u2019 and possible misconduct that could imperil the prosecution.\u00a0U.S. Magistrate Judge William Fitzpatrick<\/strong>\u00a0criticized authorities for their \u201ccavalier\u201d attitude toward the rights of Comey and others.\u00a0Lindsey Halligan<\/strong>, the Trump-appointed U.S. attorney overseeing the case, also appeared to have made \u2018fundamental misstatements of the law\u2019 to the grand jury that indicted Comey on charges of lying to Congress,\u00a0<\/strong>he wrote.\u201d Read more\u00a0here<\/a><\/strong>\u00a0(gift link).<\/p>\n

#8 \u201cABA to Review Law School Standards, May Drop Diversity Rule Amid Pressure.\u201d\u00a0<\/strong>From\u00a0Reuters:\u00a0<\/strong>\u201cThe American Bar Association will undertake a sweeping review of its standards for law schools as states weigh dropping the organization as an accreditor and critics blame its regulations for driving up student costs. The ABA may also eliminate its diversity and inclusion requirement for law schools, which has placed the ABA in the crosshairs of the Trump administration and other conservatives who claim it is discriminatory.\u201d Read more\u00a0here<\/a><\/strong>.<\/p>\n

#9 \u201cOusted Immigration Judge Describes Deepening Court Backlog.\u201d\u00a0<\/strong>From\u00a0PBS:\u00a0<\/strong>\u201cDozens of immigration judges have been fired by the Trump administration with no explanation. From coast to coast, nearly four dozen judges have lost their positions as the courts face a record backlog. Many had worked in immigrant defense, prompting questions about whether the firings are part of the administration\u2019s hardline approach.\u00a0Geoff Bennett<\/strong>\u00a0discussed more with former judge\u00a0Emmett Soper.<\/strong>\u201d Read more and listen\u00a0here<\/a><\/strong>.<\/p>\n

#10 \u201cMcDermott\u2019s Outside Investor Talks Augur Big Law Transformation.\u201d\u00a0<\/strong>From\u00a0Bloomberg Law:\u00a0<\/strong>\u201cThe possibility of outside investors taking a stake in McDermott Will & Schulte nudges rivals to consider a similar step and possibly change the way the legal industry operates. Small firms have already begun to embrace the idea of having non-lawyer investors own back-office operations, said\u00a0Fredric Litwiniuk<\/strong>, chief growth officer at Litco LSO. His Phoenix-based company handles functions such as accounting, technology, and marketing for three firms and plans to add two more by the end of the year, he said.\u201d Read more\u00a0here<\/a><\/strong>.<\/p>\n

#11 \u201cJudge Gets Sacked for \u2018Routinely\u2019 Wearing Elvis Wig & Glasses on Bench and Playing Icon\u2019s Legendary Music at Hearings.\u201d\u00a0<\/strong>From\u00a0The Sun:\u00a0<\/strong>\u201cA judge has been forced to resign after he routinely dressed up as\u00a0Elvis Presley<\/strong>\u00a0and played the King of Rock and Roll\u2019s greatest hits in court. A disciplinary committee found that\u00a0Matthew Thornhill<\/strong>\u00a0would often don a pompadour wig, aviator shades and a robe during hearings to cosplay as Elvis. The St. Charles County Circuit judge dressed up as the music icon for rulings around Halloween season in Missouri,\u00a0court documents state<\/a><\/strong>.<\/a>\u00a0He was also accused of constantly slipping in irrelevant Elvis references during hearings and swearings-in.\u201d Read more\u00a0here<\/a><\/strong>.<\/p>\n

#12 \u201cCourt Rules That Crime-Fraud Exception Strips Firm\u2019s Privilege Claim.\u201d\u00a0<\/strong>From\u00a0JD Supra:\u00a0<\/strong>\u201cOtherwise privileged communications between lawyers and their clients that further ongoing or even contemplated criminal conduct can lose their protection under the so-called \u2018crime-fraud exception.\u2019 Courts disagree about this worrisome doctrine\u2019s expansion to communications about fraudulent, or sometimes even willfully tortious, conduct. In\u00a0Eletson Holdings Inc. v. Levona Holdings Ltd.<\/em>, No. 23-cv-7331 (LJL), 2025 U.S. Dist. LEXIS 184584 (S.D.N.Y. Sept. 19, 2025), defendant pointed to the crime-fraud exception in moving to compel Reed Smith to produce documents. \u2026 The court noted that even if the firm \u2018was a victim of its client\u2019s fraud rather than complicit in it, the crime-fraud exception would apply if the communications at issue were in furtherance of the fraud.\u2019\u00a0Id.<\/em>\u00a0at *8-9.\u201d Read more\u00a0here<\/a><\/strong>.<\/p>\n

#13 \u201cThe Neuroanalytics Of Using Legal Tech: Clio\u2019s Joshua Lenon On A First-of-its-Kind Cognitive Study.\u201d\u00a0<\/strong>From\u00a0LawSites:\u00a0<\/strong>\u201cLegal technology company Clio recently released the 10th edition of its\u00a0Legal Trends Report<\/a><\/strong>, its annual analysis of data and survey responses on legal practice and emerging trends, and this year\u2019s report ventured into new territory. For the first time, the report included a neuroanalytics study of legal professionals, analyzing electrical brain activity in legal professionals as they performed various work-related tasks, in order to paint a picture of their emotional strain and mental focus as they worked.\u201d Read more\u00a0here<\/a><\/strong>.<\/p>\n

#14 \u201cLawyers Need Lifelong Training in Ethics, Say Peers.\u201d\u00a0<\/strong>From the\u00a0Law Society Gazette:\u00a0<\/strong>\u201cLawyers should receive training in professional ethics throughout their careers, peers have concluded after a wide-ranging inquiry into threats to the rule of law in the UK. In its report\u00a0Rule of Law: Holding the Line Between Anarchy and Tyranny<\/a><\/strong>, the House of Lords constitution committee, states that \u2018trust in the legal profession has been undermined by high-profile examples of unethical practice\u2019. This distrust, accelerated by \u2018negative rhetoric in the media and by politicians\u2019 and exacerbated by \u2018massive inequalities and lack of access to legal advice\u2019, undermines respect for the rule of law. The report cites the Post Office Horizon scandal and Legal Services Board research showing \u2018a lack of understanding and\/or due regard to the significance of what upholding professional ethical duties means in practice\u2019.\u201d Read more\u00a0here<\/a><\/strong>.<\/p>\n

#15 \u201cDetecting AI Misconduct by Opposing Counsel Is a Lawyer\u2019s Duty.\u201d\u00a0<\/strong>From\u00a0Bloomberg Law:\u00a0<\/strong>\u201cMuch discussion about artificial intelligence has centered on a lawyer\u2019s duty to competently and ethically use it. A recent California court\u00a0decision<\/a>\u00a0raises a critical, additional question: Do attorneys have a responsibility to detect and report an opponent\u2019s use of AI, especially when that use results in fabricated or \u2018hallucinated\u2019 legal authority? In\u00a0Noland v. Land of the Free, L.P.<\/a><\/strong><\/em>, the California Court of Appeal, Second District, determined that proactive detection is best practice and a form of financial self-defense. The court\u2019s denial of fees establishes that attorneys who fail to identify AI fraud may not qualify for recovery, even when opposing counsel\u2019s misconduct deserves sanctions.\u201d Read more\u00a0here<\/a><\/strong>.<\/p>\n

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Get Hired<\/h3>\n

Did you miss the 350+ job postings from previous weeks? Find them all\u00a0here<\/a><\/strong>.<\/p>\n

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Upcoming Ethics Events & Other Announcements<\/h3>\n

Did you miss an announcement from previous weeks? Find them all\u00a0here<\/a><\/strong>.<\/p>\n

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