#LegalEthics Tidbit: Can I be adverse to my own client in a lawsuit if they don’t contest liability?
A VA attorney appeared in a contract action for a Father against his Son and the Son’s Wife. Three days later, he appeared for the Son in a divorce matter against the Wife. There was no informed consent. He argued that this was not a conflict because the Son never contested the debt to ... (cont.)
#LegalEthics Tidbit: Can a judge order special treatment for his jailed son?
An OH judge’s son was arrested for allegedly striking his wife while intoxicated. Pursuant to county policy, the son was supposed to be held until arraignment the next morning. The son called his judge dad from jail. The Judge asked to speak to the officer, encouraged the officer to ignore county policy and release his son, and assured the officer that “He’ll be there tomorrow ... (cont.)
#LegalEthics Tidbit: Can Standby Counsel Just Stand By?
When a DE criminal defendant insisted he was going to represent himself, the court appointed a lawyer as standby counsel only. After he pled guilty and was sentenced, the defendant claimed standby counsel was ineffective for “failing to consult and collaborate with him about his case” in conformance with Rule 1.4 (reasonable communication), including apparently failing to step in to ... (cont.)
#LegalEthics Tidbit: If I’m already licensed in 15 states, can I just practice anywhere?
An attorney held licenses in GA, IA, KY, MN, MO, NC, OH, OR, PA, SD, TN, TX, WA, WI and DC. But that wasn’t enough, so he decided to open a high volume real estate practice in VA, where he was not licensed. He outsourced the drafting of deeds to an Indian law firm, resulting in about 2,000 VA deeds a year. He paid a VA lawyer, with whom he was not affiliated ... (cont.)
#LegalEthics Tidbit: If my client is a government official immune from prosecution, can I advise him to commit crimes?
The NYC Bar opines that a lawyer is still bound by the rules of professional conduct when advising a client who has some level of immunity from future legal consequences (e.g., because they are judges, prosecutors, legislators, diplomats, or the President). The rules make no distinction between those with legal ... (cont.)
#LegalEthics Tidbit: If my criminal defense lawyer has never defended a felony before, is that automatically ineffective assistance of counsel?
A CO client pled guilty to aggravated motor vehicle theft (of her dad’s truck). She later filed a postconviction motion challenging her conviction. She argued among other things that her appointed plea counsel was ineffective because it was his first felony case. The CO Court of Appeals rejected this ... (cont.)
#LegalEthics Tidbit: Not all Rule 4.4(b)’s are Created Equal
A NJ/NY attorney represented a former CEO in a lawsuit in New Jersey against a South Korean Company. During a deposition, the attorney started introducing previously unproduced privileged communications from a Company lawyer that the CEO had taken with him when he was fired. The Company’s counsel objected and demanded return of the documents. The attorney refused and after the ... (cont.)
#LegalEthics Tidbit: What happens if I make a settlement offer before getting my client’s approval?
A MO attorney representing an insurance company didn’t get along with the adjuster assigned to the case, so he went ahead and made a $120,000 settlement offer without permission, which the plaintiff accepted. After the settlement offer was reported to the Court, the attorney went about trying to figure out how to get his client to pay the ... (cont.)
A recent development in the legal world highlights the critical need for human oversight when leveraging AI. Lawyers representing MyPillow CEO Mike Lindell admitted to using generative AI for a court brief, which a federal judge found contained nearly 30 defective citations, including misquotes and even fictional cases. 🤯
This situation has led to an order for the attorneys to show cause why they shouldn't face sanctions and disciplinary action. It serves as a potent reminder that while AI can be a powerful tool to assist in legal research and drafting, it's not a substitute for thorough human review and verification. ⚖️ Accuracy, credibility, and adherence to professional standards remain paramount.
What are your thoughts on the evolving role of AI in the legal profession and the responsibilities of practitioners to ensure its ethical and accurate use? 👇
Key points:
🤖 AI-generated brief cited fictional cases.
🚨 Judge issued order to show cause for sanctions.
🔍 Highlights importance of human verification in legal tech.
🤝 Case involves MyPillow CEO Mike Lindell.
https://arstechnica.com/tech-policy/2025/04/mypillow-ceos-lawyers-used-ai-in-brief-citing-fictional-cases-judge-says/
#LegalAI #ArtificialIntelligence #LawTech #EthicsInAI #LegalEthics
#LegalEthics Tidbit: If a sham prospective client is trying to scam me, can I turn them over to law enforcement?
ABA Formal Opinion 515 opines that if a lawyer figures out that a prospective client isn’t really who they say they are but is seeking to scam the lawyer by inducing the lawyer to deposit fraudulent checks, the lawyer has no confidentiality duty and may freely report any information the fraudster ... (Cont.)
#LegalEthics Tidbit: Should the judge grant a mistrial if defense counsel admits to the crime in his opening statement?
A MA defense attorney was representing a client accused of running a prostitution ring. He gave an opening statement in which he admitted all the elements of the crime, but argued for jury nullification because the defendant ran her business in a non-exploitative way, because the Supreme Court (in Dobbs) was trying to take away ... (cont.)
![Defense counsel proceeded to give an opening statement in which he conceded that the defendant had knowingly arranged for her employees to have sex with men for money, but he invited the jury to consider factors unrelated to the legal elements of the charged crimes during their deliberations. Counsel emphasized that the defendant did not run her business in an exploitative fashion ... Defense counsel alluded to the recent Supreme Court decision ruling that there is no constitutional right to abortion, see Dobbs v. Jackson Women's Health Org., 597 U.S. 215 (2022) ... and implored the jury to "respect the decision of [the defendant] to have a woman in control of her own body." Defense counsel also emphasized that "not a single one" of the men who paid for sex had been similarly charged, and he finished his opening statement by stating: "But I guess that's the way it is. The woman gets the wrong end of the stick, and ... I submit to you that says an awful lot about this prosecution.](https://files.mastodon.social/cache/media_attachments/files/114/693/990/221/945/116/original/d4c8f557f0b420d3.png)
#LegalEthics Tidbit: It doesn’t matter what the prosecutor “thinks”
During a ME domestic violence assault trial, the prosecutor tried to explain an inconsistency in a police report: “I don’t think that based on that you can say that he lied. It was a misstatement. We all make misstatements. We all say things that we wish we hadn’t, and we all regret things that we did do. But to call it lying is, I ... (cont)
![• Lying implies a certain intention that I find -- I think you’ll find was not present. What [the police officer] did was he incorrectly indicated on a probable cause report that he had received back witness statements. And that was a sworn document he had -- and he had an obligation to be sure that that was the case, that he had in fact received those witness statements. And in his full report, he corrected and said he did not receive written statements; and he also corrected that when given the opportunity when questioned on it before another proceeding. I don’t think that based on that you can say that he lied. It was a misstatement. We all make misstatements. We all say things that we wish we hadn’t, and we all regret things that we did do. But to call it lying is, I think, a bridge too far.
[¶12] After the State finished its rebuttal argument, the court sua sponte issued the following instruction: I just want to make clear, you’ve not heard any evidence since you came back up here. The words of counsel are not evidence. You've heard some phrases about perhaps what counsel may think. that's not material.](https://files.mastodon.social/cache/media_attachments/files/114/693/120/428/755/233/original/70151de67e4fb5aa.png)
#LegalEthics Tidbit: If I get a disciplinary complaint, can I pay an associate to “take the fall” for me?
A NY lawyer was accused of falsely notarizing documents outside the presence of the affiant. He called an associate into his office and offered to raise his salary from 70k to 250k if she would “take the fall” by claiming ... (cont.)
#LegalEthics Tidbit: Can an attorney agree to be bound by a settlement agreement’s non-disparagement clause?
A TN lawyer representing a plaintiff in a product liability case was presented with a settlement agreement containing a provision that would make the lawyer a party to the agreement and prohibit him from disparaging the defendant corporation thus limiting his ability to use and discuss negative information about the defendant in other ... (cont.)
#LegalEthics Tidbit: Can I receive my legal fee in cryptocurrency?
The MO Office of Legal Ethics Counsel opines that a lawyer may accept cryptocurrency as payment for already-earned fees and convert them to US dollars. However, receiving crypto is similar to receiving other kinds of non-currency property, so it is business transaction with the client ... (cont.)
#LegalEthics Tidbit: If my client hands me a mysterious duffel bag, should I take it?
The MI bar considered a lawyer’s obligations when a client asks them to hold potentially illegal property. With reference to ABA Op. 491, the bar opines that the lawyer has an obligation to inquire as to the provenance and nature of the property; may accept only property that relates to the representation and is legal to ... (cont.)
#LegalEthics Tidbit: Can a law student’s summer associate position conflict them from legal clinic work?
A MD law school asked the MD bar if its clinical program has to run conflict checks to make sure it isn’t adverse to, for example, the clients of a law firm that employed a clinic student the prior summer, or employs the student currently as a paralegal. The answer is no. Although law students ... (cont.)
UK High Court warns lawyers face criminal charges for submitting AI-generated fake legal cases after two recent incidents involving hallucinated content. Judge Sharp: "Misuse of AI poses significant risks to justice administration." #AI #LegalTech #UKLaw #ArtificialIntelligence #LegalEthics #Lawyers #HighCourt #AIHallucination #LegalProfession
#LegalEthics Tidbit: Do any state ethics rules expressly mention #AI?
Arkansas is trying. Yesterday the AR Supreme Court issued a proposed amendment to the preamble to their Rules of Professional Conduct. The new preamble will state “Unless otherwise specified, nothing in these rules prohibits an attorney's use of non-human assistance, including, but not limited to, artificial intelligence (AI). However, the use of non-human assistance does not ... (cont.)
http://arcourts.gov/sites/default/files/In_Re_Creation_of_Admin_Order_No_25_AI.pdf
#LegalEthics Tidbit: Can I toss my client files when I retire?
The MO Sup. Ct. Advisory Committee opines that the lawyer must continue to hold files for the applicable retention period (in MO it’s 6 years for most files) even after retirement. If you really hate the idea of dealing with those boxes for 6 years, MO recommends scanning the files or getting the client’s informed consent in writing for a shorter retention period.
