Deborah Rhode, Who Transformed the Field of Legal Ethics, Dies at 68 – The New York Times

Any discussion of Deborah Rhode’s work and impact inevitably is a flood of superlatives. We are fortunate that Clay Risen of the New York Times took the time to tell the story of a woman who was a powerful debater, teacher, writer, and thinker.  A high school classmate of Merrick Garland, the Biden-Harris administration will unfortunately be unable to turn to her for the passion and powerful intellect and integrity she brought to her work in legal ethics.   The field was little heeded until the Watergate debacle put prominent lawyers like White House counsel John Dean in the dock, and Attorney General John Mitchell in jail.

Deborah Rhode, perhaps more than any other legal scholar changed that. – GWC

Source: OTHERWISE: Deborah Rhode, Who Transformed the Field of Legal Ethics, Dies at 68 – The New York Times

By Clay Risen

Deborah L. Rhode, a law professor who transformed the field of legal ethics from little more than a crib sheet for passing the bar exam into an empirically rich, morally rigorous investigation into how lawyers should serve the public, died on Jan. 8 at her home in Stanford, Calif. She was 68.
Her husband, Ralph Cavanagh, confirmed her death but said that the cause had not yet been determined.
With 30 books and some 200 law review articles to her name, Professor Rhode, who spent over four decades teaching at Stanford, was by far the most-cited scholar in legal ethics, with a work ethic that astounded even her hard-charging colleagues.
“She was done with all her chapters before I started mine,” said David J. Luban, a law professor at Georgetown and one of her co-authors on “Legal Ethics,” a casebook now in its eighth edition.

Lawyers’ response to online comments sharply limited: ABA Formal Opinion 496

Source: OTHERWISE: Lawyers’ response to online comments sharply limited: ABA Formal Opinion 496

Lawyers’ ability to respond to online criticism is sharply limited by both confidentiality and prudential concerns according to the ABA’s newly issued Formal Opinion.  The opinion largely tracks the opinions of bar associations, and official ethics committees.
One of the closer questions is what constitutes a controversy between attorney and client, relieves the lawyer of certain strictures of confidentiality under RPC 1.6.  The ABA Committee opines:
even if an online posting rose to the level of a controversy between lawyer and client, a public response is not reasonably necessary or contemplated by Rule 1.6(b) in order for the lawyer to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client. Comment [16] to Rule 1.6 supports this reading explaining, “Paragraph (b) permits disclosure only to the extent the lawyer reasonably believes the disclosure is necessary to accomplish one of the purposes stated.”
It is, however, a noteworthy suggestion that

A lawyer may request that the host of the website or search engine remove the post. This may be particularly effective if the post was made by someone other than a client. If the post was made by someone pretending to be a client, but who is not, the lawyer may inform the host of the website or search engine of that fact. In making a request to remove the post, unless the client consents to disclosure, the lawyer may not disclose any information that relates to a client’s representation or that could reasonably lead to the discovery of confidential information by another, but may state that the post is not accurate or that the lawyer has not represented the poster if that is the case.

= GWC

 New York State Bar Association Launches Historic Inquiry Into Removing Trump Attorney Rudy Giuliani From Its Membership – New York State Bar Association

Source: OTHERWISE: New York State Bar Association Launches Historic Inquiry Into Removing Trump Attorney Rudy Giuliani From Its Membership – New York State Bar Association

By Susan DeSantis

24/09/2019 Rudolph Giuliani, Ex-Prefeito de Nova York

The New York State Bar Association (NYSBA) strongly condemned the violent uprising that occurred at the U.S. Capitol on Jan. 6, orchestrated by individuals bent on subverting the will of the voters by disrupting the certification of the 2020 presidential election results.

Thankfully, Congress overcame this assault and fulfilled its constitutional responsibility in certifying the Biden-Harris victory. However, we must address the root cause of this abhorrent incident, the blame for which lies first and foremost with President Donald Trump.

But the president did not act alone. Hours before the angry mob stormed the Capitol walls, Trump’s personal attorney, Rudolph Giuliani, addressed a crowd of thousands at the White House, reiterating baseless claims of widespread election fraud in the presidential election and the Georgia U.S. Senate runoffs.

“If we’re wrong, we will be made fools of, but if we’re right a lot of them will go to jail,” Mr. Giuliani said. “Let’s have trial by combat.”

 Investigate and Prosecute | New Jersey Law Journal

 The New Jersey Law Journal Editorial Board today calls for impeachment of Donald Trump and for incoming A.G. Merrick Garland to “relentlessly investigate and prosecute” those responsible for the near catastrophe at the Capitol on January 6.

Disclosure: I am a member of the Board

Source: OTHERWISE: Investigate and Prosecute | New Jersey Law Journal

Association of American Law Schools Annual Meeting Professional Responsibility Section Final Event Today

Our final PR Section event happens today, starting at 4:15 Eastern. These papers are both terrific—hope you will join us!

Section on Professional Responsibility: Works In Progress Workshop

This workshop pairs two scholars with two more senior scholars to comment on and discuss promising works in progress. The first article is entitled “Future-Proofing Against the Inevitability of Intrusive Lawyer Marketing” and is written by Seth Katsuya Endo, Assistant Professor, University of Florida Fredric G. Levin College of Law. It will be commented on by Rebecca Aviel, Professor and Associate Dean for Faculty Scholarship, University of Denver Sturm College of Law. The second article is entitled “The Color of Leadership in Public Interest Law” and is written by Atinuke (Tinu) Adediran, David and Pamela Donohue Assistant Professor, Boston College Law School. It will be commented on by Elizabeth Chambliss, Henry Harman Edens Professor of Law and Director of the NMRS Center on Professionalism, University of South Carolina School of Law. The panel will be moderated by Benjamin Edwards, Associate Professor of Law University of Nevada, Las Vegas, William S. Boyd School of Law.

Association of American Law Schools Annual Meeting Professional Responsibility Section Events Today

Attending AALS? Today is jam-packed with excellent sessions, including the PR Section’s Main Program:

2:45-4PM Eastern Section on Professional Responsibility Main Program: Legal and Judicial Ethics in the Post-#MeToo World

In 2016, the ABA amended Model Rule 8.4(g) clarifying that professional misconduct includes sexual harassment and discrimination, though few jurisdictions adopted this change, and some explicitly rejected it on First Amendment grounds. In 2019, the federal judiciary amended the Code of Conduct for U.S. Judges to address sexual misconduct, but some argue the reforms do not go far enough. Headlines regularly feature attorneys and judges involved in sexual misconduct, whether as bystanders, facilitators, or perpetrators. Panelists will discuss ethics as a means to address these issues. Jaime Santos, founder of Law Clerks for Workplace Accountability, will speak along with presenters selected from a competitive call for papers.

  • Moderator Renee Knake Jefferson Joanne and Larry Doherty Chair in Legal Ethics, Professor of Law University of Houston Law Center
  • Speaker Call for Papers Susan S. Fortney Professor of Law; Director, Program for the Advancement of Legal Ethics Texas A&M University School of Law
  • Speaker Call for Papers Jon J. Lee Professor of Practice University of Minnesota Law School
  • Speaker Call for Papers Samuel J. Levine Dir., Jewish Law Institute and Professor of Law Touro College, Jacob D. Fuchsberg Law Center
  • Speaker Jaime Santos, Partner Goodwin Procter

Other events of interest happening today include:

  • Thursday 1/7 11-12:15PM Eastern Section on Leadership, Co-Sponsored by Professional Responsibility and Pro Bono & Public Service Opportunities: Never Let A Good Crisis Go To Waste; The Pedagogy of Leadership During Crisis—Student Engagement
  • Thursday 1/7 1:15-2:30PM Eastern Hot Topic Program: Breaking News in U.S. Legal Regulatory Reform Was 2020 the year that changed the practice of law forever? This panel of experts in legal regulatory reform will discuss recent and upcoming changes in legal services regulation, including: The relationship between regulatory reform and access to justice; the status of regulatory reform efforts around the country and the driving forces of these changes; what we can we learn from legal regulation in other countries; the status of evaluation efforts; an update on efforts to eliminate the bar exam as a barrier to entry for the legal profession; and what these changes mean for the future of legal education.
  • Thursday 1/7 4:15-5:30PM Eastern Author Meets Reader Shortlisted: Women in the Shadows Of the Supreme Court—A Conversation with Justice Goodwin Liu  Join California Supreme Court Justice Goodwin Liu along with the authors of the book Shortlisted: Women in the Shadows of the Supreme Court, Renee Knake Jefferson and Hannah Brenner Johnson, to hear the untold story of nine women considered for the Court before Sandra Day O’Connor became the first female Justice. The discussion will include lessons learned from this extraordinary history that can be applied today to address enduring gender disparity in positions of leadership and power, as well as observations about recent appointments to the Court. NYU Press is offering book purchasers a 30% discount + free shipping with code shortlisted30 here.

Association of American Law Schools Annual Meeting Professional Responsibility Section Events Today

Greetings on Day One of AALS!

For those attending, hope you’ll make time today for the PR Section’s pedagogy program, which is new addition this year. Here’s the full description:

4:15-5:30PM Eastern. Section on Professional Responsibility: Bright Ideas and Best Practices for Online Teaching in Professional Responsibility Courses. This program features a panel of prominent professional responsibility scholars who will share bright ideas and best practices for teaching the topic online.

  • Moderator Susan S. Fortney Professor of Law; Director, Program for the Advancement of Legal Ethics Texas A&M University School of Law
  • Speaker Alberto Bernabe Professor UIC John Marshall Law School
  • Speaker Susan D. Carle Professor of Law American University, Washington College of Law
  • Peter Joy Henry Hitchcock Prof.; Vice Dean for Academic Affairs; Director, Criminal Justice Clinic Washington University in St. Louis School of Law
  • Speaker Margaret C. Tarkington Professor of Law Indiana University Robert H. McKinney School of Law

Other events co-sponsored by our Section happening today include:

  • 2:45-5PM Eastern Section on Litigation, Co-Sponsored by Professional Responsibility: The Growth of Third-Party Litigation Finance: Opportunities and Challenges

And then please be sure to save time Thursday afternoon for other events, especially for our Section Main Program, as well as our final event of the week, Saturday’s Works-in-Progress Session.

  • Thursday 1/7 11-12:15PM Eastern Section on Leadership, Co-Sponsored by Professional Responsibility and Pro Bono & Public Service Opportunities: Never Let A Good Crisis Go To Waste; The Pedagogy of Leadership During Crisis—Student Engagement
  • Thursday 1/7 1:15-2:30PM Eastern Hot Topic Program: Breaking News in U.S. Legal Regulatory Reform 
  • Thursday 1/7 2:45-4PM Eastern Section on Professional Responsibility Main Program: Legal and Judicial Ethics in the Post-#MeToo World
  • Thursday 1/7 4:15-5:30PM Eastern Author Meets Reader Shortlisted: Women in the Shadows Of the Supreme Court—A Conversation with Justice Goodwin Liu Special update: one of the women profiled in Shortlisted is Judge Joan Dempsey Klein, who passed away on December 24, 2020, at the age of 96. This session will now include a tribute to her in addition to the discussion planned.
  • Saturday 1/9 4:15-5:30PM Eastern Section on Professional Responsibility: Works-In-Progress Workshop

To join the conference, you need to have already registered at AALS.org, then create a profile for eventpower.com via the personalized link sent by email in order to access the main event website: https://event-app.eventpower.com/event_app/user/login/21AALS If you have problems, this contact is great for help: aals@support.eventpower.com

 Donald Trump should be prosecuted for his shakedown of Georgia’s Brad Raffensperger.

And what about the Foley & Lardner lawyer who was on the call with him?

Witness or defendant?

Donald Trump should be prosecuted for his shakedown of Georgia’s Brad Raffensperger. By Rick Hasen (UCLA, Election Law Blog)

Source: OTHERWISE: Donald Trump should be prosecuted for his shakedown of Georgia’s Brad Raffensperger.