An assistant state attorney in Monroe County (The Florida Keys) has just agreed to a plea in which she will use her law license for one year as a result of prosecutorial misconduct. According to the article in the Miami Herald (December 5, 2019), Colleen Dunne withheld evidence from defense attorneys as to three recorded phone calls between the defendant and his son. The case will also result in her termination from her job as an assistant state attorney. The plea and sanctions are still subject to review by the Florida Supreme Court.
The winners have been selected for the tenth annual Fred C. Zacharias Memorial Prize for Scholarship in Professional Responsibility.
This year’s co-winners are Michael Moffitt, Settlement Malpractice, 86 U. Chi. L. Rev. 1825 (2019), and Jessica A. Roth, The “New” District Court Activism in Criminal Justice Reform, 74 N.Y.U. Ann. Surv. Am. L. 277 (2019).
The award will be presented at the AALS Annual Meeting in Washington, D.C., in January.
Don’t we all face this problem?
By Dahlia Lithwick Slate
“It is not my job to decide if Brett Kavanaugh is guilty. It’s impossible for me to do so with incomplete information, and with no process for testing competing facts. But it’s certainly not my job to exonerate him because it’s good for his career, or for mine, or for the future of an independent judiciary. Picking up an oar to help America get over its sins without allowing for truth, apology, or reconciliation has not generally been good for the pursuit of justice. Our attempts to get over CIA torture policies or the Iraq war or anything else don’t bring us closer to truth and reconciliation. They just make it feel better—until they do not. And we have all spent far too much of the past three years trying to tell ourselves that everything is OK when it most certainly is not normal, not OK, and not worth getting over.”
Source: OTHERWISE: I’ve not gotten over Brett Kavanaugh ~ Dahlia Lithwick ~Slate
The New Jersey legal community has been roiled by an unpublished – but binding – Appellate Division decision that barred enforcement of the mandatory arbitration provision of a prominent firm’s standard retainer agreement.
In Delaney v. Dickey and Sills Cummis & Gross, P.C., 2019 WL 3982756, a legal malpractice action, plaintiff Brian Delaney claims the retainer agreement used by defendants violated several RPCs and therefore its provision to arbitrate all disputes arising from the representation should not be enforced. The Chancery Division judge rejected the argument but a three judge panel reversed. Sills has now appealed to the state’s Supreme Court, and Delaney’s lawyer agrees the Court should grant certification….
Source: OTHERWISE: Arbitration clause in legal malpractice claim barred by New Jersey appellate court
The former (GW Bush administration) Inspector General of the National Security Agency on the vulnerability of the lawyers who mis-classifie…
Source: OTHERWISE: Former NSA Inspector General Sees lawyers’ misconduct in reclassifying Trump phone call records
Source: OTHERWISE: Lawyer’s Use of Internet Search Engine Keyword Advertising OK’d by New Jersey Supreme Court’s Advisory Committee on Professional Ethics
The New Jersey Supreme Court’s Advisory Committee on Professional Ethics (ACPE) has issued a binding Opinion 735 Lawyer’s Use of Internet Search Engine Keyword Advertising
The Committee- whose published opinions bind the bar – subject to discretionary appeal – responded to an inquiry: “asking whether a lawyer may, consistent with the rules governing attorney ethics, purchase a Google Adword℠ or keyword that is a competitor lawyer’s name, in order to display the lawyer’s own law firm website in the search results when a person searches for the competitor lawyer by name. Internet search engine advertising programs permit businesses to purchase certain keywords or phrases; when a person searching on the internet uses those words in the search, the websites of purchasers of the keywords will appear in the search results, ordinarily presented as paid or “sponsored” ads.” The ACPE found that acceptable but abjured any method that would surreptitiously direct an inquirer from the competitor’s website to the lawyer’s own site.