{"id":167034,"date":"2026-11-09T15:03:01","date_gmt":"2026-11-09T23:03:01","guid":{"rendered":"https:\/\/xira.com\/p\/2026\/11\/09\/legal-ethics-roundup-doj-ethics-probe-bar-exam-tampering-ai-billing-limits-tx-reconsiders-aba-accreditation-council-biglaw-shakeup-ai-privilege-more\/"},"modified":"2026-11-09T15:03:01","modified_gmt":"2026-11-09T23:03:01","slug":"legal-ethics-roundup-doj-ethics-probe-bar-exam-tampering-ai-billing-limits-tx-reconsiders-aba-accreditation-council-biglaw-shakeup-ai-privilege-more","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2026\/11\/09\/legal-ethics-roundup-doj-ethics-probe-bar-exam-tampering-ai-billing-limits-tx-reconsiders-aba-accreditation-council-biglaw-shakeup-ai-privilege-more\/","title":{"rendered":"Legal Ethics Roundup: DOJ Ethics Probe, Bar Exam Tampering, AI Billing Limits, TX Reconsiders ABA Accreditation Council, Biglaw Shakeup, AI Privilege & More"},"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

Happy Monday!<\/h3>\n

Hello (again) from DC. I\u2019m back for a conference on college athletics governance, one of several governance and ethics issues on my calendar this week. More on that below.<\/p>\n

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Interior Courtyard, U.S. Supreme Court (photo by Renee Jefferson)<\/figcaption><\/figure>\n

Highlights from Last Week \u2013 Top Ten Headlines \ud83d\udcf0<\/h3>\n

#1 \u201cJudge Taps Ex-Prosecutor to Probe Lawyer Conduct in Trump Golf Course Fight.\u201d<\/strong> From The Washington Post:<\/strong> \u201cA federal judge said Saturday that she intends to appoint Jessie K. Liu<\/strong>, the former U.S. attorney for the District of Columbia during President Donald Trump\u2019s<\/strong> first term, to investigate whether Justice and Interior Department lawyers committed ethical violations in the legal fight over the administration\u2019s plans for East Potomac Golf Links. U.S. District Judge Ana C. Reyes<\/strong> identified Liu as her choice to serve as a special master, an outside investigator who would assist the court in examining the government\u2019s conduct in the case.\u201d Read more here<\/a><\/strong> (gift link).<\/p>\n

#2 \u201cArkansas Court Official Tampered With Bar Exam Results, Prosecutor Says.\u201d<\/strong> From Reuters:<\/strong> \u201cA former Arkansas court administrator is facing felony charges after an investigation uncovered \u2018extensive irregularities\u2019 with bar exam results from 2020 to 2025, prosecutors said. Nancie Givens<\/strong>, \u200bwho resigned her position as executive director of the Supreme Court of \u200cArkansas\u2019 Office of Professional Programs in February, faces 65 felony counts of tampering with a public record, Sixth Judicial District Prosecuting Attorney Will Jones<\/strong> announced on Thursday.\u201d Read more here<\/a><\/strong>.<\/p>\n

#3 \u201cNew York State Bar Association Tells Lawyers Not to Bill for Time Saved by AI.\u201d<\/strong> From the ABA Journal:<\/strong> \u201cThe New York State Bar Association is calling for restrictions on how much lawyers can bill clients for the amount of time saved using artificial intelligence tools or expended learning how to use them.\u201d Read more here<\/a><\/strong>.<\/p>\n

#4 \u201cJudge Questions Federal Role in Ed Martin Ethics Case.\u201d<\/strong> From Law360:<\/strong> \u201cA D.C. federal judge struggled Tuesday to see how he could preside over a state attorney ethics proceeding if U.S. pardon attorney Ed Martin gets his way and keeps the case.\u201d Read more here<\/a><\/strong>.<\/p>\n

#5 \u201cTexas\u2019 Next Top Justice Wants to Return to ABA Accreditation.\u201d<\/strong> From Bloomberg Law:<\/strong> \u201cTexas\u2019 next chief justice of the state supreme court, Democrat Maggie Ellis<\/strong>, wants the state to again let the American Bar Association accredit law schools. Earlier this year, the all-Republican court voted to end the state\u2019s decades long relationship over the ABA\u2019s diversity, equity, and inclusion requirements. The move tracked attacks on the group by the Trump administration and other Republican states. But after four Democrats, including Ellis, unseated GOP incumbents Tuesday, she said she wants to revisit that decision when she joins and leads the nine-justice court in January. \u2018My hope is that we\u2019re able to each share ideas and the new supreme court can look at it and not base it on following in the footsteps of initiatives of the governor,\u2019 Ellis told Bloomberg Law on Thursday.\u201d Read more here<\/a><\/strong>.<\/p>\n

#6 \u201cEx-Sidley Associate Becomes First Gen Z Woman Elected to Congress.\u201d<\/strong> From Law.com:<\/strong> \u201cMelat Kiros<\/strong> had worked at Sidley as a first-year associate in New York for about a year when the law firm terminated her in November 2023 for penning an open letter on Medium titled, \u2018Dear Law Firms.\u2019\u201d Read more here<\/a><\/strong>.<\/p>\n

#7 \u201cThe Ethics Rules Behind Weil Gotshal\u2019s \u2018Partner<\/strong> Run.\u2019\u201d<\/strong> From The Wall Street Journal:<\/strong> \u201cBans on outside ownership and noncompete agreements make it hard for law firms to innovate\u2014and sometimes even to survive.\u201d Read more here<\/a><\/strong> (gift link).<\/p>\n

#8 \u201cGovernment Backs \u2018Comprehensive Review\u2019 of Legal Services Regulation.\u201d<\/strong> From LegalFutures (UK):<\/strong> \u201cThe government is to undertake a \u2018comprehensive review\u2019 of whether legal services regulation remains fit for purpose, the Ministry of Justice (MoJ) revealed today. Legal services minister Sarah Sackman<\/strong> said she agreed with the conclusion of the Lloyd review earlier this year that \u2018significant change is needed to strengthen the effectiveness of legal services regulation.\u2019\u201d Read more here<\/a><\/strong>.<\/p>\n

#9 \u201cIs Legal Advice Developed By Or With An AI System Legally Privileged?\u201d<\/strong> From JD Supra:<\/strong> \u201cA year ago, we published an analysis on legal privilege and AI<\/a>.<\/strong> At the time, there was limited judicial or regulatory guidance on how using AI in legal work might affect privilege, and no case law on the issue, so we took a first principles approach. In this article, we revisit this topic with the benefit of recent case law in key jurisdictions, judicial commentary and regulatory guidance. As before, we concentrate on the impact of AI on legal advice privilege over litigation privilege, where the impact of the use of AI may have a different result.\u201d Read more here<\/a><\/strong>.<\/p>\n

#10 \u201cThe New Hot Job in Law Doesn\u2019t Require a J.D.\u201d<\/strong> From The<\/strong> New York Times:<\/strong> \u201cBig law firms, legal tech vendors, and in-house legal departments at companies like Microsoft and Nvidia are all hiring legal engineers, a new position for lawyers with A.I. skills.\u201d Read more here<\/a><\/strong> (gift link).<\/p>\n

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On My Calendar<\/strong> \ud83d\uddd3\ufe0f<\/h3>\n

This week takes me to Washington, DC, Springfield, MO, and Palm Springs, CA. In DC, I\u2019ll attend The Governance Challenge in College Athletics<\/a><\/strong>, a conference hosted by the Association of Governing Boards of Universities and Colleges (AGB). I was appointed to AGB\u2019s Council of Public Board Leaders this fall.<\/p>\n

Then I\u2019m off to Springfield, where I was born and where many members of my extended family still live, for a special Veterans Day event honoring relatives who served in World War II.<\/p>\n

My week concludes in Palm Springs for an ABA Accreditation Council<\/a><\/strong> meeting. You\u2019re welcome to join our open session on Friday, November 13, from 1\u20133PM PST, either in person or virtually. The agenda and registration information are available here<\/a><\/strong>.<\/p>\n

Looking for other upcoming ethics events?<\/strong> You\u2019ll find a list here<\/a><\/strong>.<\/p>\n

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Keep in Touch \ud83d\udcdd<\/h3>\n